Frost v. Hull
Superior Court of New Hampshire
This was an action of trespass against the defendant for taking and converting to his own use ten swine of the plaintiff.
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This was an action of trespass against the defendant for taking and converting to his own use ten swine of the plaintiff. The cause was tried here upon the general issue at February term, 1827, when it appeared in evidence that the swine mentioned in the declaration were going at large on Ihe 30th May 1824, that day beiner Sunday, with the knowledge and assent of the plaintiff, the same being neither yoked, nor ringed ; that the defendant being a hogreeve legally appointed and qualified in the town of Durham, seized the said swine being so at large on the said day and impounded them. A…
1Opinion of the Court
The opinion of the court was delivered by
Richabdson, C. J.
The question tobe decided is, whether the circumstance in this case, that the seizure was upon the sabbath, has made1 the defendant a trespasser ?
*157We shall in the first place consider whether the seizure on that day was legal. This depends upon the statute of December 24, 1799, entitled “ an act for the better observation of the Lord’s day,” &e. which enacts “ that no tradesman, artificer, or any other person whatsoever, shall do or exercise any labor, business or work of their secular callings, works of necessity and mercy only…
2Cases cited1 opinion
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
3Cited by6 opinions
- Neal v. CrewSupreme Court of Georgia · 1852
- Allen v. DemingSuperior Court of New Hampshire · 1843
- Towle v. LarrabeeSupreme Judicial Court of Maine · 1847
- Woodman v. HubbardSuperior Court of New Hampshire · 1852
- Clough v. ShepherdSuperior Court of New Hampshire · 1855
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