Jamison v. State
Court of Appeals of Texas
Appeal from the County Court of Cooke. Tried below before the Hon. J. E. Hayworth, County Judge. The opinion sufficiently discloses the case. The penalty as- f sessed against the appellant was a fine of twenty dollars.
1Opinion of the Court
Willson, Judge.
Although the defendant was the.sole owner-of the fence dividing his farm from the farm of McNeill, he could not lawfully withdraw or separate said fence from the-adjoining fences of said McNeill, without first having given said McNeill, his agent or attorney, notice in writing of his intention to do so for at least six months prior to the time of so-doing. (Act March 17, 1887, p. 30, sec. 2.)
In this case the record fails to show that such written notice-was given, and therefore the defendant acted in violation of .law and of the rights of McNeill in removing said division…
2Cited by2 opinions
- Farmer v. StateCourt of Criminal Appeals of Texas · 1910
- State v. BuckSupreme Court of Vermont · 1901