State v. Horn
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Custer County. Honorable J. M. Stevens, Judge. Criminal prosecution for herding and grazing sheep on cattle range in violation of sec. 6872, Rev. Codes. Judgment for defendant. “It is a part of the public history of this state that the industry of raising cattle has been largely destroyed by the encroachments of innumerable bands of sheep.
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APPEAL from the District Court of the Sixth Judicial District for Custer County. Honorable J. M. Stevens, Judge. Criminal prosecution for herding and grazing sheep on cattle range in violation of sec. 6872, Rev. Codes. Judgment for defendant. “It is a part of the public history of this state that the industry of raising cattle has been largely destroyed by the encroachments of innumerable bands of sheep. Cattle will not graze, and will not thrive, upon lands where sheep are grazed to any great extent.” (Sweet v. Ballentyne, 8 Ida. 431, 437, 69 Pac. 995.) In the exercise of its police power a…
1Opinion of the CourtBudge, J.
— The defendants in this ease were informed against in the justice court of Challis precinct, Custer county, and charged with herding and grazing about 2,000 sheep on a cattle range previously occupied as a spring and fall range belonging to divers persons; such persons, by the usual and customary use of such range as a cattle range, having possessory right thereto as against sheep.
This action was prosecuted under sec. 6872, Rev. Codes, which provides that “Any person owning or having charge of sheep, who herds, grazes, or pastures the same, or permits or suffers the same to be herded, grazed…
2Cases cited11 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Central Lumber Co. v. South DakotaSupreme Court of the United States · 1912
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3Cited by27 opinions
- Jones v. State Board of MedicineIdaho Supreme Court · 1976
- State v. EvansIdaho Supreme Court · 1952
- Smallwood v. JeterIdaho Supreme Court · 1926
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- J. C. Penney Co. v. DiefendorfIdaho Supreme Court · 1934
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