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Title Citation Alternate Citation Agency Citation Summary Type
Free v. Jordan 10 S.W.2d 19 (Ark. 1928) 178 Ark. 168 (1928)

In a replevin action to recover possession of a lost dog from its finder, the court reversed and remanded the case so a jury could determine whether the statute of limitations was tolled due to the defendant's alleged fraudulent concealment of his possession of the dog.

Case
Beasley v. Sorsaia 880 S.E.2d 875 (2022) 247 W.Va. 409 (W.Va., 2022) Petitioner was charged with animal cruelty in West Virginia. The incident stemmed from 2020 where humane officers in Putnam County seized several horses and a donkey that were denied “basic animal husbandry and adequate nutrition[.]” After the seizure, petitioner claimed the magistrate lacked jurisdiction to dispose of the case because farm animals are excluded under the Code. That motion was granted by the magistrate and the animals were returned to the petitioner. After a short period of time, petitioner was charged with six counts of criminal animal cruelty and again the magistrate dismissed the complaint. However, the magistrate stayed the dismissal on the State's motion so that the circuit court could determine whether § 61-8-19(f) excludes livestock. The circuit court agreed that the section encompasses livestock from inhumane treatment and the magistrate was prohibited from dismissing the complaint. Petitioner now appeals that decision here. This court first examined the anti-cruelty statute finding that the structure of the exception under subsection (f) refers back to the conditional phrase that ends in "standards" for keeping the listed categories of animals. The court disagreed with the petitioner's claim of a "blanket exclusion" for livestock since the Commissioner of Agriculture has promulgated rules that govern the care of livestock animals that includes equines. The court rejected petitioner's attempt to parse the placement of clauses and antecedents to support her claim. The court held that § 61-8-19(f) establishes an exclusion for farm livestock only when they are “kept and maintained according to usual and accepted standards of livestock ... production and management." The circuit court's writ of prohibition was affirmed and the matter was remanded. Case
AL - Lien, vet - § 35-11-390. Lien declared Ala. Code 1975 § 35-11-390 - 391 AL ST § 35-11-390 - 391 This Alabama section relates to veterinary liens. The law states that every licensed veterinarian has a lien on every animal kept, fed, treated or surgically treated or operated on by him or her while in his or her custody and under contract with the owner of such animal. This lien is for payment of the veterinarian's charges for keeping, feeding, treating or surgically treating or operating on such animal, and the vet has the right to retain such animal until said charges are paid. Statute
European Union - COUNCIL DIRECTIVE 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes Administrative
NJ - Livestock - Chapter 8. Humane Treatment of Domestic Livestock. N.J. Admin. Code tit. 2, § 8-1.1 - 8.7 NJ ADC 2:8-1.1 - 8.7 This subchapter establishes humane standards for the humane raising, treatment, care, marketing, and sale of cattle, pursuant to the authority accorded by N.J.S.A. 4:22-16.1. Administrative
IN - Cruelty - Section 429 Indian Penal Code 1860 45 of 1860 Killing, poisoning, maiming, or 'rendering useless' cattle, including elephants, or any other animal worth over fifty rupees, is a criminal offence. Statute
Moore v. Knower 214 So.3d 165 (La.App. 4 Cir., 2017) 2016-0776 (La.App. 4 Cir. 3/23/17) Bruce Moore and Amy Knower were in a relationship and decided to adopt a dog together. Bruce alleged that they both jointly adopted Abby, a Boston Terrier in 2010. The couple jointly shared expenses for the care and management of the dog. After the parties broke up, they agreed to an arrangement in which each party alternated possession of Abby every week. The parties continued this arrangement even during their brief reconciliation up until July of 2015 when Amy Knower refused to exchange the dog with Bruce Moore. Moore filed suit and the trial court found for him and awarded him the use and management of Abby. Knower alleged that she was the sole owner of Abby. Knower appealed, alleging five assignments of error: (1) the trial court erred in finding that she failed to support her claim of full ownership; (2) the trial court erred in finding that she co-owned Abby with Moore; (3) the trial court erred in failing to accept the testimony of Sheila Ford of the Mississippi Boston Terrier Rescue; (4) the trial court erred by stating that there was no basis in law for her to decide the custody of a dog and then doing just that; (5) the trial court erred by exercising jurisdiction over the matter. The Court determined that the trial court did in fact have jurisdiction over the matter. The Court did not find any errors in the trial court’s findings. It concluded that Abby was indeed co-owned by Moore and Knower and ultimately held that Knower had no right to unilaterally end the arrangement. Knower did not supply sufficient proof to support her claim of full ownership. Moore was awarded Abby and the right to solely determine use and management of the dog. Case
Canada

Canadian Laws Introduction

Canada's Anti-Cruelty Laws

Canadian Dangerous Dog Law

Policy
Molinari v. Tuskegee University 339 F. Supp. 2d. 1293 (N.D. Ala. 2004)

A veterinary student was kicked by a cow while trying to perform a medical procedure.  The student brought a personal injury lawsuit against the professor and university for negligently allowing the university-owned cow to kick her and not providing timely medical treatment.  Defendants' motion for summary judgment was granted in part and denied in part.

Case
People v. Flores 2007 WL 1683610 (Cal. App. 4 Dist.) Not Reported in Cal.Rptr.3d

Defendants were tried for allegedly invading an eighty-year-old woman's home and stealing, at gun point, and holding ransom eight seven-week-old puppies and two adult female Yorkshire terriers which she bred for the American Kennel Club for about $3,000 each.  The jury held the defendants responsible for 18 counts of various crimes, including robbery, grand theft dog, elder abuse, conspiracy and cruelty to animals, inter alia.  The appellate court reversed the counts of grand theft dog which were improperly based on the same conduct as the robbery conviction, reduced the sentence on the counts for abuse of an elder, and otherwise found no additional errors. 

Case

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