Fall Creek Sheep Co. v. Walton
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Cassia County. Hon. C. O. Stoekslager, Judge. Action of claim and delivery. Judgment for defendant. Appealed.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District for Cassia County. Hon. C. O. Stoekslager, Judge. Action of claim and delivery. Judgment for defendant. Appealed. It could not have been the intention of the legislature, in passing the law under which defendant claims to be the owner of the hogs in controversy, to authorize the occupant or proprietor of premises upon which hogs were found to be trespassing to take np such hogs and compel the owner thereof to pay any sum demanded as charges and damages, whether reasonable or not, and whether such damages were or were not sustained…
1Opinion of the CourtStewart, J.
This is an action of claim and delivery of certain hogs of the value of $995. The plaintiff claims to be the owner and entitled to the possession of the property and that the defendant wrongfully and unlawfully seized and took possession of the same. The defendant in his answer admits the taking of the hogs, and that plaintiff was the owner of the property at the time of the taking, but denies that the seizure was unlawful, and alleges that he is in possession and entitled to possession by virtue of a homestead entry to certain lands in Cassia county, Idaho, and that said hogs were…
2Cases cited4 opinions
- Sifers v. JohnsonIdaho Supreme Court · 1901
- Johnson v. Oregon Short Line Railway Co.Idaho Supreme Court · 1900
- Wigmore v. BuellCalifornia Supreme Court · 1898
- Rood v. McCargarCalifornia Supreme Court · 1874
3Cited by6 opinions
- Thompson v. Tobacco Root Co-Op. State Grazing DistrictMontana Supreme Court · 1948
- Southeast Securities Co. v. ChristensenIdaho Supreme Court · 1945
- Gill v. WilderSupreme Court of Florida · 1928
- Reynolds v. Continental Mortgage Co.Idaho Supreme Court · 1962
- Howell v. DaughetSupreme Court of Arkansas · 1921
1 more not listed; retrieve them via the Exa API.