Herness v. McCann

The defendants, James A. McCann and Florian B. McCann, have appealed from a judgment in favor of plaintiff, Louis Herness, entered in an action for damages for destruction of crops by trespassing cattle. The complaint included Eva L. McCann, wife of James A. McCann, as a party defendant with her husband and son, but at the trial the action was dismissed as to her, by reason of the fact that allegations of conspiracy were not sustained.

The complaint alleges that the defendants wilfully and maliciously drove cattle, in which they were jointly interested, upon the lands of plaintiff where they…