Holden v. Torrey
Supreme Court of Vermont
Replevin for four yearlings, impounded by tbe defendant. The defendant filed an avowry alleging that the cattle were damage feasant on his premises on the 25th of August, 1854, that they-were therefore then impounded by him, and that he gave the plaintiff notice within twenty-four hours after the impounding to appear at a place named, within twenty-four hours after such notice, to choose appraisers of the damage done by the cattle.
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Replevin for four yearlings, impounded by tbe defendant. The defendant filed an avowry alleging that the cattle were damage feasant on his premises on the 25th of August, 1854, that they-were therefore then impounded by him, and that he gave the plaintiff notice within twenty-four hours after the impounding to appear at a place named, within twenty-four hours after such notice, to choose appraisers of the damage done by the cattle. The case was referred, and the referee reported that in his opinion the defendant was entitled to recover of the plaintiff nine dollars damages, and costs, subject…
1Opinion of the CourtAldis, J.
I. It is claimed by the plaintiff that the conversa*692tion that passed between the plaintiff and the defendant, as reported by the referee, and the assent then expressed by the defendant to what the plaintiff said, should be regarded as an estoppel concluding the defendant from afterwards impounding the cattle, and making any subsequent impounding illegal. The conversation as reported by the referee is no estoppel. The defendant says and does nothing to induce the plaintiff to leave his cattle there. On the contrary, the plaintiff begins by saying that he is going to leave them there. He…
2Cases cited2 opinions
- Moore v. RobbinsSupreme Court of Vermont · 1835
- Mellen v. MoodySupreme Court of Vermont · 1851
3Cited by4 opinions
- Kelly v. EastonIdaho Supreme Court · 1922
- Keith v. BradfordSupreme Court of Vermont · 1866
- McKeen v. ConverseSupreme Court of New Hampshire · 1894
- Callan v. SetherSouth Dakota Supreme Court · 1913