Legal Opinion

Comeau v. Barnes

South Dakota Supreme Court

Decided November 28, 1922No. File No. 4826Published

Appeal from Circuit Court, Potter County; Hon. J. H. Bot-Tum, Judge. Action by George N. -Comeau against Thomas C. Barnes and another. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtSmith, J.

Plaintiff "brought an action in the circuit court of Potter county to recover damages in the sum. of $1,000 for alleged trespass upon land held and occupied by plaintiff. The complaint alleges that the lands trespassed upon were held and used by plaintiff for winter pasturage of his stock, and were inclosed by a fence; that the defendants at various times, by force and violence entered upon the said pasture, and took into and upon said pasture land certain sheep owned by them, and in their care, keeping, and possession, and allowed said sheep to graze down the grass growing thereon, and…

2Cases cited3 opinions

  1. Burnett v. MyersSouth Dakota Supreme Court · 1919
  2. Naftalin v. La Salle Holding Co.Supreme Court of Minnesota · 1922
  3. Richardson v. HalvorsonSouth Dakota Supreme Court · 1921

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