Bailey v. O'Fallon

The character of this action appears from the statement in Bailey v. O’Fallon, ante p. 418. Plaintiff in error, defendant below, claimed that be was entitled to the possession of tbe mare until his *420charges for caring for her, as agent of the Colorado Humane Society, were discharged. The trial court rendered judgment in favor of the plaintiff, because, in his opinion, the law under which the defendant assumed to act was unconstitutional, and that when he took possession of the animal he was not the duly authorized agent of the Humane Society. Counsel for defendant contend the court erred in…