Schichtel v. Uda

Appellant brought suit in replevin to recover possession of a cow which had been taken up by the marshal of the incorporated town of Alexander, while at large upon the streets of the town, in violation of an ordinance requiring stock to be inclosed and kept off: the streets. The question presented is whether the ordinance was in effect as such at the time appellant’s cow was taken up. The court below held that it was, and, upon this theory, directed the jury to return a verdict against appellant.

Certain citizens of the town who opposed the ordinance undertook to have a referendum ordered upon…