Kibbat v. Clokey

This is an action brought to recover the cost of erecting appellant’s portion of a division fence dividing the lands of the latter from those of appellee, and wherein appellee recovered a judgment for $67.50. The suit is based upon paragraph 11, ch. 54, Cahill’s Rev. Stat. as amended in 1917 entitled “An Act to revise the law in relation to fences.” Sec. 11 is as follows :

“If any person who is liable to contribute to the erection or reparation of a division fence shall neglect or refuse to make or repair his proportion of such fence, the party injured, after giving sixty days’ notice, in…