Tucker v. Constable

At an earlier day in the present term this canse was affirmed without argument, for the reason the appellant failed to appear or file a brief. On his application a rehear*408ing was allowed, and the case has now been fully argued. The action is for damages for unlawfully gelding a stallion owned by the plaintiff, and it involves the construction of two sections of the Oregon Code.

Section 3383 is as follows: —

“Sec. 3383. It shall and may be lawful for any person to take up and geld, at the risk of the owner, within the months of April, May, June, July, September, and October in any year, any…