Wheeler v. Chubbuck
Illinois Supreme Court
This was a suit brought by Chubbuck against Wheeler, to recover a penalty for suffering hogs to run at large in Livingston county, contrary to the provisions of an act entitled “ An act to prevent sheep and swine from running at large in Henry, Will and Livingston counties,” approved January 27,1853. There was evidence tending to show, that in the month of March, A. D. 1853, and at other times, defendant permitted his hogs to run at large in Livingston county.
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This was a suit brought by Chubbuck against Wheeler, to recover a penalty for suffering hogs to run at large in Livingston county, contrary to the provisions of an act entitled “ An act to prevent sheep and swine from running at large in Henry, Will and Livingston counties,” approved January 27,1853. There was evidence tending to show, that in the month of March, A. D. 1853, and at other times, defendant permitted his hogs to run at large in Livingston county. The court instructed the jury, at the request of plaintiff, if the jury believe, from the evidence, that the defendant was the owner…
1Opinion of the Court
Catón, J.
An act entitled “ An act to prevent sheep and swine from running at large in Henry, Will and Livingston counties,” approved January 27,1853, provides “ That from and after the first day of March next, it shall not be lawful for any person or persons, possessor or possessors of any sheep and swine, to allow them to run at large within the counties of Henry, Will, Livingston and Lake,” etc., and imposes a penalty for its violation.
The court instructed the jury, that if the defendant had violated the provisions of the act, at any time between the first day of March, and the first day of…
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