Legal Opinion

Hallock v. Hughes

Supreme Court of Iowa

Decided March 24, 1876PublishedCited by 1 opinion

Appeal from Muscatine Circuit Court. Two actions in replevin to obtain possession of cattle belonging to the plaintiffs respectively.

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Appeal from Muscatine Circuit Court. Two actions in replevin to obtain possession of cattle belonging to the plaintiffs respectively. The answers admit the ownership of the cattle as alleged, but aver that they were trespassing on the inclosed land of one Carpenter; that they were taken up by said Carpenter and placed in the defendant’s care; that Carpenter caused the damage done by said cattle to be appraised by the board of trustees, of all which the plaintiff had notice and was present; that said Carpenter distrained said cattle for the damages and costs and placed the same in the custody…

1Opinion of the CourtAdams, J.

By Chap. 26 of the statutes of 1870 it is provided that: “The owner of any stock trespassing upon the improved lands of another shall pay to the owner of Ihe land so damaged the actual amount of the damages so sustained. The person who is in possession of the land so trespassed upon may distrain any trespassing stock and retain the same in some safe place at the expense of the owner thereof until said damages are paid.” In Little v. McGuire, 38 Iowa, 663, it was held that the said statute was in force without submission to vote in a county. It was also held in the same case that the statute…

2Cases cited1 opinion

  1. Union Coal Mining Co. v. McAdamSupreme Court of Iowa · 1874

3Cited by1 opinion

  1. Kimple v. SchaferSupreme Court of Iowa · 1913

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