Kinder v. Gillespie

The only question presented by the record is, whether the court erred in overruling the demurrer to the replication filed by the appellee to the special pleas of the appellant.

The defense sought to be interposed by the pleas is, that the horses belonging to the appellee were running at large in the town of Edwardsville contrary to the provisions of the ordinance of the town, and the town constable, Friday, took them up as he lawfully might and placed them in the custody of the appellant, and that the fees and charges on the same, incurred under the ordinances, were not paid or tendered before…