Brophy v. Hyatt
Supreme Court of Colorado
Error to District Court, Conejos County. This is a suit brought by the plaintiff in error against the defendant in error, for trespass, for unlawfully taking, conveying away, detaining and selling a milch cow, the property of the plaintiff in error, to his damage in the sum of $100. Defendant in error admits the taking, conveying away, detaining and selling the cow, but justifies as marshal of the town of Alamosa, and that he took said cow while running at large in the said…
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Error to District Court, Conejos County. This is a suit brought by the plaintiff in error against the defendant in error, for trespass, for unlawfully taking, conveying away, detaining and selling a milch cow, the property of the plaintiff in error, to his damage in the sum of $100. Defendant in error admits the taking, conveying away, detaining and selling the cow, but justifies as marshal of the town of Alamosa, and that he took said cow while running at large in the said town, in violation of an ordinance requiring the taking up, impounding and sale of stock found running at large within…
1Opinion of the CourtElbert, J.
It appears that the town of Alamosa was duly incorporated under the general statute concerning towns and cities. Gen. St. 958. By virtue of section 14-, paragraph 15, of this act, the township authorities had power “to declare what shall be a nuisance, and to abate thé same, and to impose fines upon parties who may create, continue or suffer a nuisance to exist.” And under paragraph 50, power “to regulate, restrain and prohibit the running at large of horses, cattle, swine, sheep, goats,' geese and dogs, and to impose a license fee upon dogs.”. Under the amendatory act of 1879 (Gen. St. 999),…
2Cases cited8 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Campbell v. . EvansNew York Court of Appeals · 1871
- Gosselink v. CampbellSupreme Court of Iowa · 1856
- Grover v. HuckinsMichigan Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Denver v. SpencerSupreme Court of Colorado · 1905
- People v. RaimsSupreme Court of Colorado · 1895
- Pickton v. City of FargoNorth Dakota Supreme Court · 1901
- Payne v. RyanNebraska Supreme Court · 1907
- Jenks v. StumpSupreme Court of Colorado · 1907
7 more not listed; retrieve them via the Exa API.