Legal Opinion

Phipps v. Grover

Idaho Supreme Court

Decided January 7, 1904PublishedCited by 9 opinions

APPEAL from District Court, Washington County. Honorable George H. Stewart, Judge. Action by plaintiff for damages sustained on account of the herding and grazing of defendant’s sheep within two miles of the dwelling-house of one of the plaintiffs. Prom a judgment for plaintiffs and an order denying a motion for a new trial defendant appeals.

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APPEAL from District Court, Washington County. Honorable George H. Stewart, Judge. Action by plaintiff for damages sustained on account of the herding and grazing of defendant’s sheep within two miles of the dwelling-house of one of the plaintiffs. Prom a judgment for plaintiffs and an order denying a motion for a new trial defendant appeals. The facts are stated in the opinion. cites no authorities upon the point decided by the court. cites no authorities on the point decided.

1Opinion of the CourtAilshie, J.

This is an appeal from a judgment for one dollar damages and two dollars costs. It has traveled all the way from the justice’s court of Washington county via the district court of the third district, but shows no evidence of fatigue nor loss of energy or vitality. Prom the length of the briefs one would infer that it must have had succor and comfort from generous counsel.

The action was prosecuted under sections 1210 and 1211 of the Revised Statutes, commonly designated throughout this state as the “two-mile limit law.” The record discloses that on the nineteenth day of May, 1902, at the…

Also in this document: Concurrence.

2Cited by9 opinions

  1. Stein v. United R.R. of S.F.California Supreme Court · 1911
  2. In Re CalvoNevada Supreme Court · 1927
  3. Adamson v. BlanchardIdaho Supreme Court · 1999
  4. Etcheverry Sheep Co. v. J.R. Simplot Co.Idaho Supreme Court · 1987
  5. Spencer v. MorganIdaho Supreme Court · 1905

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