Roberts v. Ogle
Illinois Supreme Court
This was an action of replevin, commenced before a justice of the peace, and taken on an appeal to the Circuit Court of Greene county. Ogle was plaintiff below, and replevied from Eoberts eight head of hogs.
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This was an action of replevin, commenced before a justice of the peace, and taken on an appeal to the Circuit Court of Greene county. Ogle was plaintiff below, and replevied from Eoberts eight head of hogs. The testimony showed that Ogle was the owner of the hogs in controversy; that Ogle lives some three or four miles out of Carrollton; that the hogs were found in the possession of Eoberts, and were demanded from Eoberts by Ogle’s agent before suit was brought, and that Eoberts refused to give them up till his charges were paid; that Eoberts was the town constable of the town of Oarrollton;…
1Opinion of the CourtCaton, C. J.
The town of Carrollton was by its charter authorized to declare what should be nuisances, and to provide for the abatement thereof by ordinance. An ordinance-was passed, declaring swine running at large within the corporate limits to be nuisances, and providing for the abatement thereof. The court instructed, “ that under the laws of the State of Illinois, the owners of stock have the right to turn them upon the common- range of the county, and the corporation of the town of Carrollton has no right to pass an ordinance to impair that right; and that the ordinance, under which the defendant…
2Cases cited1 opinion
- Goddard v. President of JacksonvilleIllinois Supreme Court · 1854
3Cited by11 opinions
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- Village of Glenview v. RamakerAppellate Court of Illinois · 1996
- Wilcox v. HemmingWisconsin Supreme Court · 1883
- Geer v. ThompsonCourt of Appeals of Georgia · 1908
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