Gilchrist v. Schmidling
Supreme Court of Kansas
Error from Eyon District Court. Beplevin, brought by Schmidling, to recover the possession, of two heifers taken up and held by Wm. IL Gilchrist and James Nisbit as marshal and policeman of the city of Emporia. Defendants claimed that they took up the cattle in •controversy pursuant to the provisions of the following ordinance : An Ordinance, To regulate and prohibit the running at large of animals.
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Error from Eyon District Court. Beplevin, brought by Schmidling, to recover the possession, of two heifers taken up and held by Wm. IL Gilchrist and James Nisbit as marshal and policeman of the city of Emporia. Defendants claimed that they took up the cattle in •controversy pursuant to the provisions of the following ordinance : An Ordinance, To regulate and prohibit the running at large of animals. Be it ordained by the Mayor and Councilmen of the City of Emporia: Section 1. No horse, pony, mare, filly, mule, ass, sheep, goat, swine, neat cattle, or other animal, shall run at large within…
1Opinion of the Court
The opinion of the court was delivered by Valentine, J.:
This was an action of replevin brought by the defendant in error (plaintiff below) to recover the possession of two heifers, valued respectively at $45 and $15. The defendants below answered, setting up, first, substantially a general denial; second, that the defendants were officers of the city of Emporia, and impounded and held said cattle under an ordinance of the city, setting' out the ordinance in full, and making it a part of the answer. The plaintiff below *269demurred to this second defense, on the ground that it did not state facts…
2Cases cited15 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Happy v. . MosherNew York Court of Appeals · 1872
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Stockton v. Common Council of StocktonCalifornia Supreme Court · 1871
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3Cited by22 opinions
- Newman v. PeopleSupreme Court of Colorado · 1896
- State v. FieldsSupreme Court of Kansas · 1904
- Wilcox v. HemmingWisconsin Supreme Court · 1883
- Gill v. WilderSupreme Court of Florida · 1928
- Crum v. BraySupreme Court of Georgia · 1905
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