Supreme Court of Vermont, 1882

Dudley v. McKenzie

Supreme Court of Vermont · Decided February 15, 1882 · Yeazey

54 Vt. 394

Cases that cite this one

1 later published case cites this decision.

Morgan v. Kroupa (Vt. 1997)

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Opinion of the Court

The opinion of the court was delivered by

Yeazey, J.

Section 3980, of the Revised Laws, reads as follows:

“ If a person so impounding a beast does not give such notice he shall forfeit to such owner or keeper fifty cents for every twenty-four hours’ neglect to do so, and shall pay the damage which,” &c.

Under this provision the forfeiture would be no more in the case of several beasts found in one’s enclosure and impounded at *395the same time, than in the case of one beast. It is a penalty for the neglect in each instance of impounding, not for each beast impounded at one time. In this case the forfeiture is fifty cents for every twenty-four hours’ neglect to give the notice of the impounding of the eighty sheep, not fifty cents for each one of the eighty.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.