21 Me. 446 | Me. | 1842
The opinion of the Court was drawn up by
— The testimony presented in this bill of exceptions might have authorized a jury to find, that the plaintiff at the time of the attachment was the owner of two cows; and that one of them was taken by the officer to apply the proceeds to the payment of his debts. The question presented for consideration however is not, whether a verdict for the plaintiff was properly authorized by the testimony ; but whether the instructions to the jury were correct, and those requested properly withheld. The first request for instruction was, “ that if the evidence of Turner was believed, the plaintiff had no
It was not to the cow attached and now the subject of controversy, that this requested instruction related. And a compliance with the request would have been in effect to declare erroneously the law to be, that if the plaintiff and Turner represented generally, that the plaintiff did own a piece of property, when he did not own it, he would thereby forfeit his right to another piece of property, which he did own.
It is also insisted, that the testimony did not authorize the instruction, “ that the plaintiff had not parted with the possession of the cow, he living with Turner on the place.” Tt is not necessary to inquire, whether this was strictly correct, for the jury were also instructed, “ that if he had parted with the possession, he had such a right to resume it, that he could maintain this suit.” The latter clause of those instructions being correct the former became immaterial, and the defendant was not injured by it.
Exceptions overruled.