Legal Opinion

Mathis v. Jones

Supreme Court of Georgia

Decided October 3, 1890PublishedCited by 31 opinions

Fences. Constitutional law. Statutes. Before Judge Fort. Macon superior court. May term, 1889. On March 2, 1889, the plaintiff’s cow was running at large on the land of the defendant, who had no fence. Both of them resided in the 1070th district of Macon county. The defendant impounded the animal under the act of December 26,1888, at once notified the plaintiff and demanded compensation for the damages sustained, as well as pay for impounding and feeding the stock.

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Fences. Constitutional law. Statutes. Before Judge Fort. Macon superior court. May term, 1889. On March 2, 1889, the plaintiff’s cow was running at large on the land of the defendant, who had no fence. Both of them resided in the 1070th district of Macon county. The defendant impounded the animal under the act of December 26,1888, at once notified the plaintiff and demanded compensation for the damages sustained, as well as pay for impounding and feeding the stock. The plaintiff refused to pay anything or to give or tender bond, and made affidavit for possessory warrant before the judge of…

1Opinion of the Court

Bleckley, Chief Justice.

■ The matter now contained in the code of 1882, §§1443-1448, corresponding to' §§1456-1461 of Ir*806win’s Revised Code, constituted the general fence law of the State when the act of 1872 was passed. Lawful fences then recognized by the code were to be of rails, palings, ditches or navigable watercourses. The act of 1872 declared that “in each and every county of this State which shall adopt the provisions of this act in the manner hereinafter provided, chapter 8, paragraph 1, title 15 of Irwin’s Revised Code, of Georgia, embracing sections 1456, 1457, 1458, 1459, 1460 and…

2Cases cited4 opinions

  1. Grandy v. CaseySupreme Court of Missouri · 1887
  2. State v. Judge of the Circuit CourtSupreme Court of New Jersey · 1888
  3. County of Dougherty v. BoytSupreme Court of Georgia · 1884
  4. Elliott v. GammonSupreme Court of Georgia · 1886

3Cited by31 opinions

  1. Crovatt v. MasonSupreme Court of Georgia · 1897
  2. City of Atlanta v. HudginsSupreme Court of Georgia · 1942
  3. Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
  4. Mayes v. DanielSupreme Court of Georgia · 1938
  5. Crabb v. StateSupreme Court of Georgia · 1892

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