Dunton v. Reed
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Redington J. presiding. This was a libel filed by the plaintiff, praying for a decree of forfeiture of a pair of oxen, under the stat. ] 834, c. 137, concerning pounds. Freeman Reed appeared in defence, and put in his claim for the oxen. The libel states, that the oxen were impounded in the town pound of the town of New-Castle, “taken up in the enclosure of John Somes.”
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Exceptions from the Court of Common Pleas, Redington J. presiding. This was a libel filed by the plaintiff, praying for a decree of forfeiture of a pair of oxen, under the stat. ] 834, c. 137, concerning pounds. Freeman Reed appeared in defence, and put in his claim for the oxen. The libel states, that the oxen were impounded in the town pound of the town of New-Castle, “taken up in the enclosure of John Somes.” No other cause is alleged in the libel for the impounding, and there is no averment that any damages were claimed at any time, or now demanded. The same John Somes was then called as…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
By the stat, of 1834, c. 137, concerning pounds, beasts impounded and stray beasts, strays, beasts going at large, without a keeper, in the highways or commons of the town, or doing damage on improved lands, enclosed with a sufficient fence, may be impounded. If these proceedings can be sustained, it must be upon the latter ground. It is a civil remedy, to recover damage sustained, to which the party injured may resort, or to an action at his election, as is provided by the third section of that statute.
*180All the proceedings are remedial, for…
2Cited by3 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1902
- Dudley v. McKenzieSupreme Court of Vermont · 1882