Blanck v. Hirth

The plaintiff in this case brought replevin for eight cows. The declaration was in the usual form, and the plea was the general issue, with notice thereunder that the defendant would show that the cattle mentioned were seized and impounded for going at large on the highway.

The first section of the statute under which the defendant claimed the right to seize and impound the plaintiff’s cattle, provides that it shall not be lawful for any cattle, horses, sheep, or swine to run at large in any public highway; and the second section says: “ It shall be the duty of the overseer of highways to…