De La Guerra v. Newhall
California Supreme Court
Appeal from the District Court of the First Judicial District, Ventura County. The action was brought to recover damages .alleged to have been caused to the plaintiff’s lands by the trespass of cattle belonging to the defendants and under their control.
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Appeal from the District Court of the First Judicial District, Ventura County. The action was brought to recover damages .alleged to have been caused to the plaintiff’s lands by the trespass of cattle belonging to the defendants and under their control. It appeared at the trial that at one time the plaintiff took up fifty-five head of defendants’ cattle, and confined them in his corral until, in compliance with a demand in writing, he was paid the twenty cents per head and other damages allowed by the Trespass Ldw. The payment was receipted in the following language : “$66. Tapo Bancho, May…
1Opinion of the Court
By the Court :
The eighth section of the Act of February 4, 1874, to protect agriculture and to prevent the trespassing of animals upon private property in certain counties, (stats. 1873-4, p. 50) provides that “ the owner or occupant of any land or possessory claim, whether enclosed or not, independent of the foregoing provisions of this Act, and if he fail to avail himself thereof, may maintain an action, provided such action be commenced within sixty days,” etc. The defendants allege that the plaintiff did avail himself of the provisions of said Act, respecting the alleged trespasses…
2Cited by7 opinions
- Kimball v. Richardson Kimball Co.California Supreme Court · 1896
- In re the Estate of DoyleCalifornia Supreme Court · 1887
- Ennor v. RaineNevada Supreme Court · 1903
- Wilson v. SullivanUtah Supreme Court · 1898
- Klumpke v. HenleyCalifornia Court of Appeal · 1914
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