Fall Creek Sheep Co. v. Walton
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Cassia County. Hon. C. O. Stoekslager, Judge. Action of claim and delivery. Judgment for defendant. Appealed.
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APPEAL from the District Court of the Fourth Judicial District for Cassia County. Hon. C. O. Stoekslager, Judge. Action of claim and delivery. Judgment for defendant. Appealed. It could not have been the intention of the legislature, in passing the law under which defendant claims to be the owner of the hogs in controversy, to authorize the occupant or proprietor of premises upon which hogs were found to be trespassing to take np such hogs and compel the owner thereof to pay any sum demanded as charges and damages, whether reasonable or not, and whether such damages were or were not sustained…
1Dissent
AILSHIE, C. J.,
Dissenting — I think the majority opinion is somewhat misleading both as to the law and the facts. In this case the trial court held that the defendant, who was the taker-up of the animals, had acquired absolute title to the property under the statute. It should also be remembered that he makes no pretense of having acquired that title under the provisions of sec. 1281. Sec. 1281 provides for the appointment of appraisers or arbitrators to fix the amount of the damage sustained by reason of the trespass, and it prescribes the procedure to be pursued for the collection of the…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of the United States · 1912
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Armstrong v. Traylor and ElmoreTexas Supreme Court · 1895
- Varden v. MountCourt of Appeals of Kentucky · 1879
- Wigmore v. BuellCalifornia Supreme Court · 1898
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