Johnson v. Griswold
Johnson v. Griswold
Opinion of the Court
This action is brought under the St. 1889, c. 454, § 5, and St. 1894, c. 309, to recover an amount of money paid by order of the county commissioners for damage done to sheep by the defendant’s dog. By St. 1889, c. 454, § 1, such damages are to be appraised under oath, a certificate of the appraisal is to be returned to the treasurer of the county within ten days, the treasurer is to submit the certificate to the county commissioners, and they, within thirty days, are to examine the bill for damages and make such investigation as they think proper, and “ issue an order upon the treasurer of the county in which the damage was done for all or any part thereof as justice and equity may require.” By other sections of these statutes there are requirements for an appointment by the county commissioners of a suitable person residing in the county to investigate cases of damage done to sheep by dogs, and for the bringing of actions against the owners of such dogs by this person, in his own name, in certain cases.
. In the present case proceedings were taken which entitle the plaintiff to recover, according to the terms of the statute, unless two or three objections made by the defendant are well founded. First, the certificate of the appraisal, which was duly returned to the treasurer of the county and was by him submitted to the
The next objection to the proceeding is that it does not appear that the sheep were properly appraised, or that a proper certificate of appraisal was returned. The certificate makes no express statement in regard to the ownership of the sheep, but deals with damage “ inflicted by dogs on the premises of Mrs. 0. E. Adams and daughters and within said town of Greenfield.” The certificate of the magistrate shows that the appraisers made oath to appraise the damage done by dogs “ to sheep belonging to Charlotte E. Adams and daughters,” and inferentially represents the sheep to be the property of Charlotte E. Adams and daughters. By the statute this certificate is made the foundation of proceedings before the commissioners, in which they “ may summon the appraisers arid all parties interested and make such examination as they may think proper.” The statute nowhere provides that the certificate shall be the only evidence of the facts, or that an error in it, however slight, shall be fatal to the proceedings.
The defendant invokes the principle that a statutory liability cannot be enforced unless the statute is strictly complied with. .This is true so far as it relates to matters made essential by the statute. It is essential under this statute that the damage to be recovered shall be appraised under oath. The bill of exceptions makes the identity of the damages appraised and those to which the oath relates free from doubt. The certificate indicates that at the time of the administration of the oath and at the time of the appraisal, although the name of but one person is given as owner, it was supposed by the appraisers that Mrs. Adams’ unnamed daughters had some interest with her in the sheep. On the examination before the county commissioners, it appeared that there was a mistake in this particular, and that
The statutes are constitutional. No questions arise under this branch of the case beyond those that have been considered and passed upon in former decisions. Blair v. Forehand, 100 Mass. 136. Worcester County v. Ashworth, 160 Mass. 186.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.