Legal Opinion

Miller v. Lelen

Supreme Court of Louisiana

Decided September 15, 1841PublishedCited by 2 opinions

Western Dis. APPEAL PROM THE COURT OP THE PIPTH DISTRICT, POR THE PARISH OE ST. MARTIN”, THE JUDGE THEREOP PRESIDING. This is an action of trespass, claiming damages for injury done to the plaintiff’s inclosures and property.

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Western Dis. APPEAL PROM THE COURT OP THE PIPTH DISTRICT, POR THE PARISH OE ST. MARTIN”, THE JUDGE THEREOP PRESIDING. This is an action of trespass, claiming damages for injury done to the plaintiff’s inclosures and property. He alleges that the defendant has illegally, wrongfully and repeatedly pUpe¿ ¿own hjs fencegj and turned in his cattle on the pastures plaintiff> t0 bis damage, $2000; for which he prays judgment, and that the defendant he required to desist from hi's illegal conduct in trespassing on his premises. The defendant pleaded the general issue; and averred' he was in the habit…

1Opinion of the CourtGarland, J.

The plaintiff alleges the defendant has illegally and wrongfully, at different times, broken down his fences and turned his cattle into his pasture, causing him damages to the amount of $2,000. The defendant says, that for three years previous to this suit, he has been in the habit of placing his cattle and horses for pasture on a prairie tremblante, which is land that belongs to the United States, that he placed upwards of eighty hqad of his cattle there, and the plaintiff caused his overseer *333to have them driven off by his slaves, with dogs, in consequence of which, a number of them died or…

2Cited by2 opinions

  1. Griffin v. CottenSupreme Court of Louisiana · 1841
  2. McGlothlin v. City of ShreveportSupreme Court of Louisiana · 1925

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