Sec. 17.
The defendant in any action brought for rescuing beasts distrained or impounded, shall not be allowed to allege or give in evidence the insufficiency of the fences, or any other fact or circumstance to show that the distress or impounding was illegal; but if there is any ground of objection to the proceeding, of which he is entitled to avail himself, he may have the advantage thereof in an action of replevin, to be brought as provided in the following sections.
History: R.S. 1846, Ch. 125 ;-- CL 1857, 5062 ;-- CL 1871, 6783 ;-- How. 8371 ;-- CL 1897, 10704 ;-- CL 1915, 14795 ;-- CL 1929, 9077 ;-- CL 1948, 433.117 Compiler's Notes: Former sections 18 to 22 of R.S. 1846, Ch. 125, pertaining to replevin of beasts distrained, were repealed by Act 267 of 1945.
Structure Michigan Compiled Laws
Chapter 433 - Animals Running At Large
R.S. of 1846 - Revised Statutes of 1846 (433.101 - 433.117)
R-S-1846-433-101-125-OF-DISTRAINING-BEASTS. - Of Distraining Beasts. (433.101...433.117)
Section 433.101 - Beasts Distrained; Impounding.
Section 433.102 - Fees; Distraining and Impounding.
Section 433.103 - Fees; Payment Prerequisite to Delivery of Beast.
Section 433.104 - Recovery for Damages Caused by Beasts.
Section 433.105 - Impounding Beasts Doing Damage.
Section 433.106 - Delivery of Beasts by Poundmaster.
Section 433.107 - Care of Beasts by Person Distraining.
Section 433.108 - Notice of Beasts Distrained; Delivery to Owner.
Section 433.109 - Notice of Beasts Distrained; Posting in Certain Cases.
Section 433.110 - Notice of Beasts Distrained; Publication in Newspaper.
Section 433.111, 433.112 - Repealed. 1991, Act 142, Imd. Eff. Nov. 25, 1991.
Section 433.113 - Sale of Beasts; Notice.
Section 433.114 - Sale of Beasts; Proceeds.
Section 433.115 - Beasts Escaped or Rescued; Retaking.
Section 433.116 - Rescuing Beasts Distrained; Penalty.
Section 433.117 - Legality of Distress Determined in Replevin Action.