Julienne v. Mayor of Jackson
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. J. C. Julienne brought this action before a justice of the peace to recover of the city of Jackson for killing a dog, which was shot, as he contends, unlawfully‘by the chief of police of said city. The charter of the city conferred the power to provide for the confinement and destruction of dogs when deemed necessary.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. J. C. Julienne brought this action before a justice of the peace to recover of the city of Jackson for killing a dog, which was shot, as he contends, unlawfully‘by the chief of police of said city. The charter of the city conferred the power to provide for the confinement and destruction of dogs when deemed necessary. An ordinance of the city provided that between certain dates mentioned all dogs running at large without a muzzle and tag should be destroyed by any policeman of said city. The plaintiff’s…
1Opinion of the CourtCooper, J.
Though the plaintiff’s dog was not permitted to be at large knowingly, but escaped from his close, and was soon thereafter followed by the plaintiff’s wife for the purpose of returning him to confinement, he was nevertheless “running at large” within the meaning of the ordinance of the city,' and was lawfully killed by the city marshal.
It may be conceded that the plaintiff had a property right in the animal, and might have recovered his value as against one unlawfully killing him. J3ut of all property, dogs are more peculiarly the subjects of police regulations than any other class. They are…
2Cases cited1 opinion
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Walker v. TowleIndiana Supreme Court · 1901
- State v. MuellerWisconsin Supreme Court · 1936
- Mayor of Hagerstown v. WitmerCourt of Appeals of Maryland · 1897
- Shadoan v. BarnettCourt of Appeals of Kentucky (pre-1976) · 1926
- Hofer v. CarsonOregon Supreme Court · 1922
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