Leflore v. Sanders
Supreme Court of Oklahoma
Error from AtoJca County Court j J. H. Linebaugli, Judge. Action, by Charles Le Flore against B. B. Sanders. Judgment for defendant, and plaintiff brings error. This is a replevin action, originally brought by plaintiff in error in the county court of Atoka county for the possession of 23 head of hogs. The trial in the lower court was upon an agreed statement of facts, to the court, without a jury.
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Error from AtoJca County Court j J. H. Linebaugli, Judge. Action, by Charles Le Flore against B. B. Sanders. Judgment for defendant, and plaintiff brings error. This is a replevin action, originally brought by plaintiff in error in the county court of Atoka county for the possession of 23 head of hogs. The trial in the lower court was upon an agreed statement of facts, to the court, without a jury. Plaintiff and defendant are both residents of stock district No. 3 of Atoka county, and the hogs in question are the property of the plaintiff. On the 28th day of May, 1908, the board of county…
1Opinion of the CourtHates, J.
(after stating the facts as above). This appeal calls for a construction of the act of the Legislature of 1907-08 entitled “An act to regulate and restrain the running at large of domestic animals.” (Sess. Laws 1907-08, p. 22, c. 4, art. 2), which we shall hereafter refer to as the act of 1907. At the time •of the admission of the state there was in force in the territory of Oklahoma article 1, c. 1, p. 39, of the Session Laws of 1903, providing for a “herd law.” Section 1 of said chapter reads as follows:
“Every owner of swine, sheep, goats, stallions or jacks shall restrain them at all times…
2Cases cited2 opinions
- Territory of Oklahoma Ex Rel. Sampson v. ClarkSupreme Court of Oklahoma · 1894
- Lee Treasurer v. RobertsSupreme Court of Oklahoma · 1895
3Cited by8 opinions
- Trustees', Executors' & Securities Ins. v. HootonSupreme Court of Oklahoma · 1915
- Seneca Coal Co. v. CarterSupreme Court of Oklahoma · 1922
- St. Louis S. F. R. Co. v. BrownSupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. KeySupreme Court of Oklahoma · 1911
- St. Louis S. F. R. Co. v. LittleSupreme Court of Oklahoma · 1912
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