Shannon v. United States
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. The appellant was the defendant in a suit brought by the United States to enjoin him from driving, conducting, or causing or permitting to be driven or conducted, his live stock on the Little Belt Mountains Forest Reserve, and permitting the same to remain there.
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Appeal from the Circuit Court of the United States for the District of Montana. The appellant was the defendant in a suit brought by the United States to enjoin him from driving, conducting, or causing or permitting to be driven or conducted, his live stock on the Little Belt Mountains Forest Reserve, and permitting the same to remain there. The bill alleged that during the month of December, 1904, and at divers times prior thereto, tho appellant “wrongfully and unlawfully, and without right or authority, and without tho consent and against the wishes of the complainant, the United States of…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The appellant denies that he has at any time driven his cattle upon the reserve, and asserts that if they went there, they did so of their own accord, the reserve not being inclosed by the United States, and that he is not accountable for the acts of the cattle in straying thereupon. We do not so regard the evidence, and we think the injunction issued by the court below may well be sustained on the ground that the evidence shows that the appellant drove his cattle upon the reserve. His home ranch was some 6 to 10 miles distant from the 320 acres inclosed…
2Cases cited13 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Kohl v. United StatesSupreme Court of the United States · 1876
- Camfield v. United StatesSupreme Court of the United States · 1897
- Gibson v. ChouteauSupreme Court of the United States · 1872
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3Cited by25 opinions
- Sperry & Hutchinson Company, Plff. In Err., VSupreme Court of the United States · 1911
- Osborne v. United StatesCourt of Appeals for the Ninth Circuit · 1944
- Roy Hunter v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- Swim v. BerglandCourt of Appeals for the Ninth Circuit · 1983
- United States v. RizzinelliDistrict Court, D. Idaho · 1910
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