Chandler v. Little
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover penalty for the violation of see. 1217, Rev. Codes. Judgment for plaintiff.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover penalty for the violation of see. 1217, Rev. Codes. Judgment for plaintiff. In order for the plaintiff to recover, he must show the actual number of stock that would have been ranged by him upon the public range grazed or herded upon by the sheep within the two miles of his dwelling-house between the dates in which the grazing and herding was done; the reasonable value of said range to -him for said pasturage between the dates aforesaid, which valuation must be shown…
1Opinion of the CourtMorgan, J.
This action was commenced by respondent to recover from appellant the penalty for the violation of sec. 1217, as provided for by see. 1218, Eev. Codes, which sections are as follows:
“Sec. 1217. It is not lawful for any person owning or having charge of sheep to herd the same, or permit them to be herded, on the land or possessory claims of other persons, or to herd the same or permit them to graze within two miles of the dwelling house of the owner or owners of such possessory claim.
“Sec. 1218. The owner or the agents of such owner of sheep violating the provisions of the last section, on…
2Cases cited3 opinions
- Bacon v. WalkerSupreme Court of the United States · 1907
- Sweet v. BallentyneIdaho Supreme Court · 1902
- Sifers v. JohnsonIdaho Supreme Court · 1901
3Cited by7 opinions
- Lessman v. AnschustiguiIdaho Supreme Court · 1923
- Smith v. BensonIdaho Supreme Court · 1918
- Fleming v. BensonIdaho Supreme Court · 1918
- Walling v. McMillan Sheep Co.Idaho Supreme Court · 1925
- Kirk v. MadareitaIdaho Supreme Court · 1919
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