Logan v. Gedney

Sprague, J„, delivered the opinion of the Court:

The question presented on this appeal was directly raised on appellant’s- motion for nonsuit in the Court below, after plaintiff had closed his testimony and rested his case.

The action is based upon a statute of this State, entitled “An Act to restrict the herding of sheep ” (Statutes 1861, p. 523), as amended March 28, 1868 (Statutes 1867-8, p. 426), the first section of which reads as follows : “It shall not be lawful for any person or persons owning or having charge of any sheep, to herd the same, or permit them to be herded, on the land or…