Van Buren v. Pratt

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by Martin Van Burén against Tom Pratt and Walter Gann to recover damages alleged to have been sustained through cattle which were in the control of defendants trespassing upon plaintiff’s premises and destroying his crops in violation of the provisions of the herd law. In the trial the jury returned a verdict awarding damages in the amount of $432.37 against Pratt, but did not award any damages as against Gann. Pratt appeals.

After the petition was filed a summons was served upon Walter Gann in Logan county, where…