Randall v. Patch
Supreme Judicial Court of Maine
Action of trover for the taking and killing by defendant of plaintiff’s horse, defendant acting as agent or officer of the Society for the Prevention of Cruelty to Animals. Case was reported to Law Court upon certain agreed statements with a stipulation that if the Law Court should decide that the provisions of Sec. 59, Chap. 126, R. S., were constitutional, the case was to be non suited, otherwise case to stand for trial. Judgment in accordance with opinion.
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Action of trover for the taking and killing by defendant of plaintiff’s horse, defendant acting as agent or officer of the Society for the Prevention of Cruelty to Animals. Case was reported to Law Court upon certain agreed statements with a stipulation that if the Law Court should decide that the provisions of Sec. 59, Chap. 126, R. S., were constitutional, the case was to be non suited, otherwise case to stand for trial. Judgment in accordance with opinion. Case stated in opinion.
1Opinion of the CourtDeasy, J.
Trover for a horse taken from the plaintiff’s possession against his objection and killed by the defendant. It is conceded that when the acts complained of were done the defendant was an officer or agent of the Society for the Prevention of Cruelty to Animals, and that he had complied with all the provisions of Sec. 59, Chap. 126, R. S. The constitutionality of Section 59 is challenged. The section is as follows:
“Any officer or agent of any society for the prevention of cruelty to animals may lawfully cause to be destroyed forthwith, any animal found abandoned or not properly cared for,…
2Cases cited5 opinions
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- People ex rel. State Board of Health v. ApfelbaumIllinois Supreme Court · 1911
- Loesch v. KoehlerIndiana Supreme Court · 1896
- Goodwin v. TouceySupreme Court of Connecticut · 1898
- Rusk v. ThompsonMissouri Court of Appeals · 1913
3Cited by23 opinions
- Portland Pipe Line Corp. v. Environmental Improvement CommissionSupreme Judicial Court of Maine · 1973
- People v. BroadCalifornia Supreme Court · 1932
- City of Auburn v. MandarelliSupreme Judicial Court of Maine · 1974
- York Harbor Village Corp. v. LibbySupreme Judicial Court of Maine · 1928
- Inhabitants of the Town of Warren v. NorwoodSupreme Judicial Court of Maine · 1941
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