Legal Opinion

Johnson v. Rickford

North Dakota Supreme Court

Decided June 28, 1909PublishedCited by 1 opinion

Appeal from District Court, Griggs -county; E. T. Burke, Judge. Action by Emelia Dusbabeck Johnson against Albert Rickford. Judgment for plaintiff, and defendant appeals. A lawful fence is a condition precedent to relief.

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Appeal from District Court, Griggs -county; E. T. Burke, Judge. Action by Emelia Dusbabeck Johnson against Albert Rickford. Judgment for plaintiff, and defendant appeals. A lawful fence is a condition precedent to relief. Coomerford v. Dupuy, 17 Cal. 308; Darling v. Rogers, 7 Kan., 592; Larkin v. Teller, 5 Kan. 434; Fillmore v. Booth, 29 Kan. 134; Chase v. Chase, 15 Nev. 259; Smith v. Williams, 2 Mont. 195; Clarendon Land Invest. & Agency Co. v. MeClellant Bros., 29 Tex. 483, 31 L. R. A. 669, 34 S. W. 98; Runyon v. Patterson, 87 N. C. 343; Studwell v. Ritch, 14 Conn. 293; Mann v. Williamson,…

1Opinion of the CourtEllsworti-i, J.

As cause of action the plaintiff and respondent alleges: That on and prior to December, 1905, she owned about 70 tons of hay stacked upon a tract of land in Griggs county, which •hay was protected by a good and sufficient fence; that during the months of December, 1905, and of January and February, 1906, live stock belonging to the defendant and appellant broke through said fence and destroyed hay belonging to plaintiff to the amount of 10 tons and of the value of $50; that during said period plaintiff repeatedly repaired the fence in question and notified defendant that his animals were…

2Cases cited3 opinions

  1. New Orleans, Jackson & Great Northern Railroad v. FieldMississippi Supreme Court · 1872
  2. Chase v. ChaseNevada Supreme Court · 1880
  3. Ely v. RosholtNorth Dakota Supreme Court · 1903

3Cited by1 opinion

  1. Schneider v. MarquartNorth Dakota Supreme Court · 1920

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