Gates v. Crandall
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon- Hugh Dabbs, Judge. Where a political division of the State adopts resolutions or by-law prohibiting cattle and other animals running at large such action excludes from that territory the operation of a general law on the subject. 2 Cyc., p. 487; Suander v. Wakefield, 84 111. App.' 426, 25 Tex. 670; 29 Tex.
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Appeal from Jasper Circuit Court. — Hon- Hugh Dabbs, Judge. Where a political division of the State adopts resolutions or by-law prohibiting cattle and other animals running at large such action excludes from that territory the operation of a general law on the subject. 2 Cyc., p. 487; Suander v. Wakefield, 84 111. App.' 426, 25 Tex. 670; 29 Tex. App. 529; State ex rel. v. Bird, 83 S. W. 284. '(1) It is also well understood that where the Legislature vests certain powers in the municipal corporation, and the subject matter is one likewise open for general legislative control, that such powers…
1Opinion of the CourtEllison, J.
This action is replevin for two cows. The defendant is the constable of Joplin township in Jasper county, and claims the right to retain possession of the cows for costs due him as such constable, which accrued to him in the manner hereinafter stated. The judgment in the trial court was for the defendant constable.
The plaintiff resided in the corporate limits of the city of Webb City in Jasper county and was the owner of the cows. In the month of September, 1905, plaintiff drove the animals to the foot of one of the streets of the city and there turned them loose on the commons within the…
2Cases cited12 opinions
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
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3Cited by1 opinion
- State v. Business Men's ClubMissouri Court of Appeals · 1914