Barrett v. Dolan
Supreme Court of Iowa
Appeal from Gass District Court. Action to recover possession of specific personal property consisting of certain cattle. The defendant justified the tak-, ing on the ground that the cattle.were trespassing on his premises,'that- he had distrained them, that he had had his damages assessed by tbe proper authorities, and was entitled to the possession of the cattle until such damages were paid. Trial by jury, judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
1. Animals : trespassing: township by mustebe:notifled' I. The theory of the defendant is that certain cattle, belonging to an unknown owner, were trespassing on his premises, that he distrained or took them *■ into his possession, and caused his damages to ^e assessed by the township trustees. Upon the objection of the plaintiff, the court refused to permit evidence as to what the trustees did to be introduced as evidence, on the ground that they had not been legally convoked or called together. It is provided by statute that, when stock has been distrained, the person doing so “ shall,…
2Cases cited1 opinion
- Harding v. VandewaterCalifornia Supreme Court · 1870
3Cited by1 opinion
- State v. DonahoeSupreme Court of Iowa · 1889