Gilmore v. Harp
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Hon. J ames T. Neville, Judge. (1) It is not necessary that a division fence in fact must exist to take tbe case'out of the operation of the stock law, but all that is necessary is for the parties to agree on one, which the law permits and will enforce. Hopkins v. Ott, 51 Mo. App. 292; Field v. Bogie, 72 Mo.
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Appeal from Christian Circuit Court. — Hon. J ames T. Neville, Judge. (1) It is not necessary that a division fence in fact must exist to take tbe case'out of the operation of the stock law, but all that is necessary is for the parties to agree on one, which the law permits and will enforce. Hopkins v. Ott, 51 Mo. App. 292; Field v. Bogie, 72 Mo. App. 185. Plaintiffs contention in the court below, and now, is, that the stock law was not legally adopted in Porter township, for the reason the petition has no allegations that at least one hundred of the petitioners were householders of the…
1Opinion of the CourtBarclay, J.
This is a statutory action in the nature of replevin begun before H. S. Evans, a justice of the peace in Porter township, Christian county, Missouri, to recover possession of certain hogs. The case reached the circuit court of that county where it was tried anew.
The substance of the controversy is this:
“In 1898, these parties were owners of adjoining farms in Porter township, and then entered into a contract to build a division rail fence on the line between their farms, and plaintiff employed the defendant to build his half of the fence, which he did and received his pay of plaintiff. The…
2Cases cited2 opinions
- Hopkins v. OttMissouri Court of Appeals · 1894
- Field v. BogieMissouri Court of Appeals · 1897
3Cited by1 opinion
- Gilmore v. HarpMissouri Court of Appeals · 1902