Legal Opinion

Cleary v. Shand

Utah Supreme Court

Decided November 23, 1916No. 2905PublishedCited by 17 opinions

Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Action by M. J. Cleary against John Shand. Judgment for plaintiff. Defendant appeals.

1Opinion of the CourtStraup, C. J.

This action was brought to recover damages for trespass on plaintiff’s lands. The plaintiff testified that he was the owner .of about 160 acres which he had taken up as a homestead and desert entry at Soldier’s Summit, and that on the 24th of September, 1914, the defendant, without his consent, drove about 2,500 or 3,000 head of sheep thereon and pastured and kept them there for about four hours. He had about three acres in rye sown the 1st of August, which was up several inches, and about 1| acres of clover up about six inches; twenty or twénty-five acres in rye and timothy up about an inch;…

2Cases cited5 opinions

  1. Baltimore Belt Railroad v. SattlerCourt of Appeals of Maryland · 1905
  2. Kunst v. City of GraftonWest Virginia Supreme Court · 1910
  3. Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
  4. Bishop v. Readsboro Chair Manufacturing Co.Supreme Court of Vermont · 1911
  5. Roseborough v. WhittingtonIdaho Supreme Court · 1908

3Cited by17 opinions

  1. United States v. Garfield CountyDistrict Court, D. Utah · 2000
  2. Brereton v. DixonUtah Supreme Court · 1967
  3. Bivans v. Utah Lake Land, Water & Power Co.Utah Supreme Court · 1918
  4. Naylor v. FloorUtah Supreme Court · 1918
  5. Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1930

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API