McBride v. Hicklin

The appellant, acting in his official capacity of supervisor, took up and impounded thirty-eight sheep belonging to the appellee, and he brought this action to recover for feeding and caring for them. The second paragraph of the answer alleges that the animals escaped from the enclosure of the appellee late in the night, and that early the next morning he hunted for and found them.

Conceding, but not deciding, that a supervisor who takes up animals found running at large, may recover the compensation provided by the statute (sections 2637, 2643, R. S. 1881,) in a personal action against the…