Lauer v. Livings
Supreme Court of Kansas
Error from Brown District Court. Replevin, brought by Livings against Lauer, for the possession of a horse. Trial at the September Term, 3879, of the district court, and judgment for plaintiff. The defendant brings the case to this court. The facts, pleadings and proceedings are fully stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action in replevin, brought in a justice’s court by Livings against Lauer, for the possession of a horse. Lauer answered, setting up in defense that he took *274up said horse on his inclosed premises in the night-time, in Powhattan township, Brown county, Kansas, while trespassing on his growing crops, under the provisions of the night herd law, (Gen. Stat., ch. 105, art. 1,) and that the night herd law was legally in force in said Powhattan township at said time, and claimed a lien upon said horse for his damages. Judgment for…
2Cases cited3 opinions
- Noffzigger v. McAllisterSupreme Court of Kansas · 1873
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- Keyes v. SnyderSupreme Court of Kansas · 1875
3Cited by11 opinions
- Abel v. BlairSupreme Court of Oklahoma · 1895
- Board of County Commissioners v. HarveySupreme Court of Oklahoma · 1897
- State v. MyersSupreme Court of Kansas · 1894
- Bradford v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. NickersonSupreme Court of Kansas · 1883
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