Hopkins v. Ott
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The stock law — i. e., the one restraining the running at large of cattle, hogs, etc., in Cole county— applies only to highways, and does not relate to tho interior economy or arrangement of farming lands. O’Riley v. Diss, 41 Mo.
Read the full summary
Appeal from the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The stock law — i. e., the one restraining the running at large of cattle, hogs, etc., in Cole county— applies only to highways, and does not relate to tho interior economy or arrangement of farming lands. O’Riley v. Diss, 41 Mo. App. 184; Shepherd v. Hess, 12 Johnson (N. Y.), 433; Cook v. Morea, 33 Ind. 497. (2) Where hogs go onto plaintiff’s lands by reason of a defect in an interior fence which he was bound to repair, he can not maintain trespass. Authorities suyra. (3) Nor can he distrain in such case. Sargent v.…
1Opinion of the CourtEllison, J.
— This is an action of replevin for hogs claimed by plaintiff. It was begun before a magistrate, where plaintiff had judgment. In the circuit court judgment was for defendant. The case was submitted to the circuit court on the following agreed statement of facts:
“1. That the law of this state, as contained in article 2, of chapter 5, of the Eevised Statutes of 1889, restraining hogs and other animals mentioned therein from running at large, was adopted by an election of the voters of Cole county, Missouri, and went into effect on November 17, 1892.
“2. That prior to the going into effect of…
2Cases cited5 opinions
- D'Arcy v. MillerIllinois Supreme Court · 1877
- O'Riley v. DissMissouri Court of Appeals · 1890
- Tupper v. ClarkSupreme Court of Vermont · 1870
- Mackler v. CramerMissouri Court of Appeals · 1888
- Mackler v. CramerMissouri Court of Appeals · 1892
3Cited by6 opinions
- Jones v. HabbermanMissouri Court of Appeals · 1902
- Matthews v. McVayMissouri Court of Appeals · 1950
- Growney v. Wabash RailroadMissouri Court of Appeals · 1903
- Field v. BogieMissouri Court of Appeals · 1897
- Gilmore v. HarpMissouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.