Spencer v. Morgan
Idaho Supreme Court
APPEAL from the District Court of Owyhee County. Honorable George H. Stewart, Judge. Action to recover damages for the herding and grazing of sheep under the provisions of sections 1210 and 1211, Eevised Statutes. Judgment for plaintiff. There is an implied license given by the United States to all owners of stock to graze them upon the public lands. (Buford v. Houtz, 133 H. S. 320, 10 Sup. Ct.
Read the full summary
APPEAL from the District Court of Owyhee County. Honorable George H. Stewart, Judge. Action to recover damages for the herding and grazing of sheep under the provisions of sections 1210 and 1211, Eevised Statutes. Judgment for plaintiff. There is an implied license given by the United States to all owners of stock to graze them upon the public lands. (Buford v. Houtz, 133 H. S. 320, 10 Sup. Ct. Eep. 305, 33 L. ed. 618.) In this case it appears that the dwelling-house was out of the sight of the herder, who was not nearer to it than a mile and a tenth; that he did not know he was within the…
1Opinion of the Court
SULLIVAN, J. —
This action was brought by the respondent as plaintiff in the probate court of Owyhee county, on December 8, 1902. From a judgment in favor of the plaintiff in that court an appeal was taken to the district court. On a trial in that court verdict and judgment were rendered and en*545tered in favor of tbe plaintiff, and a motion for a new trial was overruled. The suit was brought to recover damages alleged to have been sustained by reason of the appellants herding and grazing their sheep within two miles of the residence of the plaintiff, and was brought under the provisions of the…
2Cases cited7 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Sweet v. BallentyneIdaho Supreme Court · 1902
- Walling v. BownIdaho Supreme Court · 1904
- Sifers v. JohnsonIdaho Supreme Court · 1901
- Walling v. BownIdaho Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. HornIdaho Supreme Court · 1915
- Reser v. Umatilla CountyOregon Supreme Court · 1906
- In Re CalvoNevada Supreme Court · 1927
- Walker v. BaconIdaho Supreme Court · 1905
- Allen v. AllenUtah Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.