Anthony Wilkinson Live Stock Co. v. McIlquam
Wyoming Supreme Court
Error to the District Court, Earamie County, Hon. Richard H. Scott, Judge. Action to enjoin the erection of fences upon lands of the defendant, which it was alleged would prevent plaintiff’s cattle from grazing upon open and uninclosed public lands; and to restrain an alleged illegal assertion by defendant of a right of exclusive possession to certain public lands. From ■ a judgment in favor of the plaintiff, the defendant brought error. The facts are stated in the opinion.
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Error to the District Court, Earamie County, Hon. Richard H. Scott, Judge. Action to enjoin the erection of fences upon lands of the defendant, which it was alleged would prevent plaintiff’s cattle from grazing upon open and uninclosed public lands; and to restrain an alleged illegal assertion by defendant of a right of exclusive possession to certain public lands. From ■ a judgment in favor of the plaintiff, the defendant brought error. The facts are stated in the opinion. The fence of defendant below does not and was not intended to enclose government land. It interfered with the plaintiff…
1Opinion of the Court
Potter, Chiee Justice.
The plaintiff below, John J. McIlquam, seeks in this action to enjoin the construction and maintenance of certain" fences, which, it is alleged, will exclude plaintiff’s cattle from certain alleged unappropriated public lands of the United States, and which the defendant below, the Wilkinson Live Stock Company, is alleged to have constructed or threatened to construct, and also to restrain the defendant from otherwise interfering with the pasturing and grazing of said cattle upon such public lands.
The fences complained of are built of are proposed to be built upon lands…
2Cases cited12 opinions
- Camfield v. United StatesSupreme Court of the United States · 1897
- Buford v. HoutzSupreme Court of the United States · 1890
- Wiley v. ConnellyMassachusetts Supreme Judicial Court · 1901
- Western Granite & Marble Co. v. KnickerbockerCalifornia Supreme Court · 1894
- Potts v. United StatesCourt of Appeals for the Ninth Circuit · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Markstein v. Countryside I, L.L.C.Wyoming Supreme Court · 2003
- United States ex rel. Bergen v. LawrenceCourt of Appeals for the Tenth Circuit · 1988
- Sammons v. American Automobile Ass'nWyoming Supreme Court · 1996
- Erickson v. HudsonWyoming Supreme Court · 1952
- McIlquham v. Anthony Wilkinson Live Stock Co.Wyoming Supreme Court · 1909
10 more not listed; retrieve them via the Exa API.