Reynolds v. Smith

Action to recover $6 damages for trespass and $280 penalty for the wrongful rescue of fourteen head of trespassing animals. The cause originated in a justice of the peace court, was appealed to the district court, and from a judgment therein favorable to the plaintiff, the defendant has prosecuted this appeal.

1. Section 2091 of the Revised Codes provides a penalty “of not less than five nor more than twenty-five dollars for each animal” wrongfully rescued from one upon whose premises such animals are trespassing, and, since the complaint discloses that fourteen animals were rescued, it is…