Hamlin v. Mack

Graves, Oh. J:

Hamlin sued Mack and based his action on § 6782 C. L., which reads as follows: “If any person shall rescue any beasts distrained or impounded for any cause, he shall *104be liable to an action on the case, to be brought by any person injured, to pay all damages which such person shall have sustained thereby, and all the fees and charges which shall have been incurred before the rescue, and shall also forfeit a sum not loss than five nor more than twenty dollars.”

The declaration alleged that he, Hamlin, seized a heifer doing damage in his field, that there was no township pound and…