Merritt v. Hill

Vanclief, C.

The substance of the complaint in this action is that while plaintiffs were owners and in possession of about eight sections of land in Trinity county (not alleged to have been inclosed), “defendants’ cattle and horses ran and trespassed upon said lands, ate up, injured, and destroyed the grass, hay, and verdure being and growing thereon,” to the damage of plaintiff in the sum of one thousand dollars. It is not alleged that the trespass was instigated by defendants, nor that defendants had notice thereof.

A demurrer to the complaint, on the ground that it • does not state a cause…