McKee v. Clark

MR. JUSTICE MORRIS:

I dissent. On appeal every vital finding of the trial court was shown to be erroneous, yet the lower court is affirmed. The majority opinion virtually nullifies the Grazing Act; hence the length of this dissent.

This action was commenced to enforce a lien for damages and costs against a band of horses belonging to the defendant which was found trespassing on lands either owned or under lease by the plaintiff. The plaintiff’s lands are located within the external boundaries of the Kevin Co-operative State Grazing District, a district created under and by virtue of Chapter 208…