Spect v. Arnold
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Colusa. Colusa was an incorporated town, and its Board of Trustees had adopted the following ordinance: “ It shall be unlawful for any horses, mule, ass, sheep, goat, swine, or horned cattle to run at large in any of the streets, alleys, or public grounds within the incorporate limits of the Town of Colusa.”
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Appeal from the District Court, Tenth Judicial District, County of Colusa. Colusa was an incorporated town, and its Board of Trustees had adopted the following ordinance: “ It shall be unlawful for any horses, mule, ass, sheep, goat, swine, or horned cattle to run at large in any of the streets, alleys, or public grounds within the incorporate limits of the Town of Colusa.” The Marshal of the town was by the ordinance authorized to “ arrest all stock found at large ” in violation of the ordinance. On the 29th of November, 1875, he seized a band of sheep belonging to the plaintiff, as running…
1Opinion of the Court
By the Court :
In the sixth finding the Court finds that when the defendant arrested and impounded the sheep he found them running at large in the streets and alleys of the Town of Colusa. On the motion for a new trial this finding was attacked, on the ground that it was not justified by the evidence.
At the trial, the defendant, when testifying as a witness on his own behalf, stated that when he arrested the sheep some of • them were in a street and alley, and the remainder on Block 103. There was no evidence in the cause tending to show that all the sheep arrested by the defendant were in the…
2Cited by5 opinions
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- Cramer v. JenkinsCalifornia Court of Appeal · 1927
- Aguiar v. SoudersCalifornia Court of Appeal · 1937
- Cramer v. JenkinsCalifornia Court of Appeal · 1927