North Carolina Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal

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US-01671BG
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Description

At common law, the owner of a domestic animal had such a property right as to enable the owner to recover, in a conversion action, for its taking or detention, or to maintain an action of replevin for its recovery. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal
  • Preview Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal

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FAQ

In North Carolina, it's a misdemeanor to injure, torment, overwork, or kill an animal, or not give it the food and water it needs to survive. Any of those actions?along with poisoning, beating, and maiming an animal?become a felony if they're done maliciously (meaning intentionally or with a ?bad motive?).

(a) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or his agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his agent at his last known address, ...

Animal abuse, or animal cruelty is the crime of inflicting physical pain, suffering or death on an animal, usually a tame one, beyond necessity for normal discipline. It can include neglect that is so monstrous (withholding food and water) that the animal has suffered, died or been put in imminent danger of death.

The person responsible for any dog must remove feces deposited by the dog from any private property unless the owner of the property has given permission allowing such use of the property. Removal of animal feces is not just a courtesy, it is an environmental necessity.

§ 91.25 MAXIMUM NUMBER OF CATS ON PREMISES. (A) It shall be unlawful for any person to keep or maintain more than three cats per household on any parcel of land or zoning lot having less than 30,000 square feet, and an additional 7,000 square feet shall be required for each additional cat.

§ 14-361.1. Any person being the owner or possessor, or having charge or custody of an animal, who willfully and without justifiable excuse abandons the animal is guilty of a Class 2 misdemeanor.

If any person shall willfully set on foot, or instigate, or move to, carry on, or promote, or engage in, or do any act towards the furtherance of any act of cruelty to any animal, he shall be guilty of a Class 1 misdemeanor. Applicable Case Law: State v. Porter, 112 N.C. 887, 16 S.E. 915 (1893).

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North Carolina Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal