Jones v. Hines
Supreme Court of Alabama
Appeal from Etowah Circuit' Court. ' Heard before Hon. John W. Inzer. The common, law prohibiting all stock from running at large never obtained in Alabama. — Hurd v. Lacy, 93 Ala. 428; A. G. S. R. R. Go. v. Jones, 71 Ala. 487. A lawful feuee and failure to have one is defined by statute. — Secs. 1240, and 4245, Code 1907. Courts take judicial notice of the Federal Census, and act thereon. — Hdwldns v. Thomas, 3 Ind.
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Appeal from Etowah Circuit' Court. ' Heard before Hon. John W. Inzer. The common, law prohibiting all stock from running at large never obtained in Alabama. — Hurd v. Lacy, 93 Ala. 428; A. G. S. R. R. Go. v. Jones, 71 Ala. 487. A lawful feuee and failure to have one is defined by statute. — Secs. 1240, and 4245, Code 1907. Courts take judicial notice of the Federal Census, and act thereon. — Hdwldns v. Thomas, 3 Ind. App. 409; State v. Comity Court, 128 Mo. 427; People v. Wiliams, 64 Cal. 87. Gadsden falls in the class of cities not enumerated in the Acts 1903 or Sec. 2115, Code 1896. — Adams…
1Opinion of the CourtSimpson, J.
— This suit was brought by the appellee against the appellant. The allegations pf the amended complaint are, in substance, that defendant unlawfully permitted his hogs to run at large, and destroy plaintiff’s corn, etc., in Gadsden, “a district in which it is unlawful for hogs to run at large,” and thus caused damage to plaintiff.
The act of October 1, 1903, provided that “it shall be unlawful to permit any horse * * * hog,” etc., “to run at large in any city or town of this State of five thousand inhabitants or more,” and went on to provide that the governing bodies of such municipalities…
2Cases cited3 opinions
- Adams v. . ElwoodNew York Court of Appeals · 1903
- Folmar v. CurtisSupreme Court of Alabama · 1888
- Vaughn v. WalkerSupreme Court of Alabama · 1901
3Cited by9 opinions
- Incorporated Town of Sibley v. Ocheyedan Electric Co.Supreme Court of Iowa · 1922
- Valcour v. Village of MorrisvilleSupreme Court of Vermont · 1932
- Waller v. OsbanSupreme Court of Florida · 1910
- State ex rel. McLeod v. District CourtMontana Supreme Court · 1923
- Ex Parte FowlerSupreme Court of Alabama · 1919
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