Perry v. Cobb
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosba Townsend, Judge. Action by D. A. Cobb against Joe Perry. Judgment foNplaintiff. Defendant appeals. The appellant, Perry, defendant below, was the owner of'a herd of cattle, and kept them in his pasture, which adjoined a farm of one Williams, both Perry and Williams being citizens ofjtheXChickasaw Nation.
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Appeal from the United States Court for the Southern District. Hosba Townsend, Judge. Action by D. A. Cobb against Joe Perry. Judgment foNplaintiff. Defendant appeals. The appellant, Perry, defendant below, was the owner of'a herd of cattle, and kept them in his pasture, which adjoined a farm of one Williams, both Perry and Williams being citizens ofjtheXChickasaw Nation. The places of Perry and Williams’ werejseparated by a division fence, which, by agreement between them, Williams undertook to keep in repair. Williams had formerly been the owner of the pasture, and sold it to Perry, making…
1Opinion of the CourtClayton, J.
The first and second assignments are that the court erred in refusing to allow defendant to prove that the cattle which were alleged to be breachy in 1901 were not breachy in 1902, and that the same cattle were in the same pasture in 1902, and did not break through the fence in 1902. Both these claims were predicated on the theory, and ..perhaps the fact, that the cattle did not break into the corn in 1902. But there is nothing to show that the cattle might not have reformed; or, perhaps, a better, and possibly the very, reason they did not break through, if they did not, was because the…
2Cases cited6 opinions
- Agnew v. United StatesSupreme Court of the United States · 1897
- Coffin v. United StatesSupreme Court of the United States · 1896
- Humes v. United StatesSupreme Court of the United States · 1898
- Rio Grande Western Railway Co. v. LeakSupreme Court of the United States · 1896
- Casey v. StateSupreme Court of Arkansas · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Miller v. PriceSupreme Court of Oklahoma · 1934
- Haskins v. AndrewsWyoming Supreme Court · 1904
- Stout v. MottSupreme Court of Oklahoma · 1924
- Mullen v. RenzlemanSupreme Court of Oklahoma · 1911
- Western Wyoming Land & Live Stock Co. v. BagleyCourt of Appeals for the Eighth Circuit · 1922
1 more not listed; retrieve them via the Exa API.