Burns v. Morrow
New York County Courts
Appeal from a filial order of Justice A. L. Easingwood,. of the town of Kirkland, directing the sale of two heifers of •the appellant which had been-seized pursuant to chapter 19,. title 10, of the Code of Oivil Procedure, in relation to animals straying upon the highway.
1Opinion of the CourtDunmore, J.
Section 3084 of the Code of Oivil Procedure provides that where one or more cattle, horses, colts,, asses, mules, swine, sheep or goats are found running at large, or being herded or pastured in a public street, highway, park or place elsewhere than in a city, the overseer of' highways of the road district, or, if they are so found within an incorporated village, the street commissioner thereof, having personal knowledge, or being notified of the fact,, must immediately seize the animal or animals and ¡keep it or them in his possession, until disposed of as prescribed’ in the following…
2Cases cited1 opinion
- Leavitt v. . ThompsonNew York Court of Appeals · 1873