Leavitt v. . Thompson

The constitutionality of the act of 1867, which amends the act of 1862 "to prevent animals from running at large in the public highways," has been affirmed by recent decisions in this court, and it has been held to authorize the seizure of cattle trespassing upon private inclosures when they entered from the highway, as well as when found running at large therein. (Campbell v. Evans, 45 N.Y., 356; Cook v. Gregg, 46 id., 413; Jones v. Sheldon,* Ct. Appeals, December, 1872.)

The only question to be considered, is whether the defendant held the cattle under the authority of the act of 1867 when…