Legal Opinion

Riker v. Hooper

Supreme Court of Vermont

Decided November 15, 1862PublishedCited by 26 opinions

Case founded upon chapter 92, section 10, of the Compiled Statutes, (General Statutes sec. 10, p. 618,) relating to pounds, &c. The declaration contained two counts.

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Case founded upon chapter 92, section 10, of the Compiled Statutes, (General Statutes sec. 10, p. 618,) relating to pounds, &c. The declaration contained two counts. In the first the plaintiff alleged that on the 6th of October, 1857, he found the defendant’s horse in his enclosure, in Groton, doing damage, and that he impounded him in the barn of Moses Hatch, in Groton, that town at that time being destitute of a legal and sufficient pound ; that within twenty-four hours after such impounding the plaintiff personally notified the defendant thereof, and of the place where the hprse was…

1Opinion of the CourtAldis, J.

This is a suit to recover a forfeiture, and therefore the rule of evidence in criminal eases applies, that all the facts material to sustain the suit must be proved beyond a reasonable doubt. One material fact is that the plaintiff gave notice to the defendant of the place where the defendant’s horse was impounded, Comp. Stat. chap. 92 sec.. 3. Without such notice the impounding and the detention of the horse were illegal, and the forfeiture and expense of keeping can not be recovered. ■ To prove this notice, the plaintiff showed that the defendant had sued him in trover for the detention of…

2Cited by26 opinions

  1. United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
  2. Guild v. PrentisSupreme Court of Vermont · 1910
  3. In re J.R.Supreme Court of Vermont · 1995
  4. State v. BradnackSupreme Court of Connecticut · 1897
  5. Stone v. United StatesCourt of Appeals for the Ninth Circuit · 1894

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