Keith v. Tilford
Nebraska Supreme Court
Error to the district court for Lincoln county, to which the cause had been brought on appeal from the county court. The action was brought by Tilford for damage done to his crops by cattle of Keith and Barton.
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Error to the district court for Lincoln county, to which the cause had been brought on appeal from the county court. The action was brought by Tilford for damage done to his crops by cattle of Keith and Barton. On trial in district court, before G-aslin, J., and a jury,'he obtained a verdict and judgment for $100 and costs, to reverse which Keith and Barton came here upon a petition in error. cited Hwford v. Omaha, 4 Neb., 350. Dudley v. Mayheio, 3 N. Y., 9, Cole v. Muscatine, 14 Iowa, 296. Johnston v. Louisville, 11 Bush., 527. State, ex rel., v. Marlow, 15 Ohio State, 134. Delaney v.…
1Opinion of the CourtCobb, J.
There is a very important question raised by the record in this case, which has not heretofore been passed upon by this court. The plaintiffs in' error contend that by virtue of the act of March 8, 1871, entitled “An act for a general herd law, and to protect cultivated lands from trespass by stock,” the remedy given in said act, by distress, impounding, notice, arbitration, etc., is made the *273exclusive remedy in cases of trespass by live stock on cultivated lands. [Comp. Stat., Chap. 2, Art. III.]
There, can be no doubt of the correctness of the proposition, to which plaintiffs in error cite…
2Cases cited1 opinion
- Delaney v. ErricksonNebraska Supreme Court · 1880
3Cited by9 opinions
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