Fulkerson v. Dinkins
Missouri Court of Appeals
Appeal from ■ Johnson Circuit Court, IIon. Noah M. Gtvan, Judge. file case is briefly stated in the opinion of the court, I. Tbe defendant justified bis right to restrain the cattle in controversy by virtue of tbe provisions of an act to restrain domestic animals from running at large (Sess. Laws, 1883, pp. 24, 26, 28), and tbe burden was upon bim to prove its adoption, in tbe manner provided in tbe act, by tbe voters of Johnson county. Sess.
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Appeal from ■ Johnson Circuit Court, IIon. Noah M. Gtvan, Judge. file case is briefly stated in the opinion of the court, I. Tbe defendant justified bis right to restrain the cattle in controversy by virtue of tbe provisions of an act to restrain domestic animals from running at large (Sess. Laws, 1883, pp. 24, 26, 28), and tbe burden was upon bim to prove its adoption, in tbe manner provided in tbe act, by tbe voters of Johnson county. Sess. Laws, 1883, pp. 26, 28. But tbe record of tbe county court failed to show that the notice of tbe submission to tbe voters was ever posted, or published,…
1Opinion of the CourtEllison, J.
This is an action of replevin, commenced before a justice of the peace. Plaintiff lost in *162•both lower courts, and brings the case here by appeal. The defendant claims a special interest and right of possession of the property under the stock law of 1883-Acts, 1883, p. 26. The property was taken from defendant, and by the officer delivered to plaintiff. The verdict was as follows: “We, the jury,, find the issues for the defendant, and assess his damages at the sum of $12.50.”
The statute of 1879 (sect. 2902) is, that “in all cases where the property has been delivered to the plaintiff, and the…
2Cases cited1 opinion
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
3Cited by4 opinions
- Stroud v. MortonMissouri Court of Appeals · 1897
- Ulrich v. McConaugheyNebraska Supreme Court · 1901
- Clarkson v. JenkinsMissouri Court of Appeals · 1892
- Freeman v. LavenueMissouri Court of Appeals · 1903