Beaver v. Lowe

1. The act of the legislature of 1909 (Acts 1909, p. 158), now embodied in the Civil Code (1910), § 2044, by its terms is made applicable only to fences erected prior to its passage. If its inclusion in the Code of 1910, and the adoption of that code, would make it applicable to fences erected prior to such adoption, the fence involved in the present case was erected since the adoption of the Code of 1910; and in no event does the act apply to the fence involved in the present case.

2. The petition charged directly, not only the impounding which had taken place, but that the defendants…