Legal Opinion
Holcomb v. Van Zylen
Michigan Supreme Court
Decided March 20, 1913No. Docket No. 68PublishedCited by 5 opinions
Certiorari to Ottawa; Cross, J. Case by William L. Holcomb against Henry Van Zylen for damages to property. An order overruling a demurrer is reviewed by defendant on certiorari.
1Opinion of the CourtBird, J.
The defendant’s dog “raised havoc” with plantiff’s turkeys, and the damage which resulted is sought to be recovered in this action. The declaration is based on the statute. 3 Comp. Laws, § 5593 (3 How. Stat. [3d Ed. ] § 4363). The demurrer which was interposed by the defendant raises the sole question whether a turkey is an animal within the meaning of this statute.
The statute upon which the action is planted provides in part that:
“If any dog shall have killed or assisted in killing, wounding or worrying any sheep, lamb, swine, cattle or other domestic animal,” etc.
As turkeys are not…
2Cases cited2 opinions
- State v. BrunerIndiana Supreme Court · 1887
- McPherson v. JamesAppellate Court of Illinois · 1896
3Cited by5 opinions
- Murray v. StateIndiana Supreme Court · 1957
- Town of Albion v. TraskWisconsin Supreme Court · 1950
- Must Hatch Incubator Co. v. PattersonDistrict Court, D. Oregon · 1928
- Drolet v. ArmstrongWashington Supreme Court · 1927
- First Nat. Bank of Anamoose v. United StatesCourt of Appeals for the Eighth Circuit · 1913