Hoover v. Mear
Supreme Court of Kansas
Error from Eiddnson District Court. Action by Mear to recover from Hoover damages for injuries done on the premises of Mear by the stock of Hoover, between the 9th of December 1872 and 2d of January 1873. It was brought before a justice of the peace in January 1873, and appealed to the district court, and there tried at the May Term 1873, on an agreed statement of facts.
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Error from Eiddnson District Court. Action by Mear to recover from Hoover damages for injuries done on the premises of Mear by the stock of Hoover, between the 9th of December 1872 and 2d of January 1873. It was brought before a justice of the peace in January 1873, and appealed to the district court, and there tried at the May Term 1873, on an agreed statement of facts. It is admitted that the horses and cattle of Hoover damaged Mear, as charged, but that Meat’s fields were not inclosed by fence, and that Mear claims under the herd law of 1872. Judgment against Hoover for $12 damages, and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is, whether the herd law of 1872 was, between December 9th 1872, and January 2d 1873, in force in Dickinson county. The facts are these: On the 20th of March 1872 the county commissioners made the order authorized by the statute, (Laws 1872, p. 384.) They fixed the time for the order to go into effect on April 12th 1872, and directed publication of the order in the “Abilene Chronicle.” The publication was made as required by law, but the affidavit of publication was not made and filed until May 20th 1873, more than…
2Cases cited1 opinion
- Foreman v. CarterSupreme Court of Kansas · 1872
3Cited by2 opinions
- Lipscomb v. Citizens' BankSupreme Court of Kansas · 1903
- Reed v. Sexton's AdministratorsSupreme Court of Kansas · 1878