Sherwood v. Stephens
Idaho Supreme Court
APPEAL from tbe District Court of Sixth Judicial District for Fremont County. Hon. James M. Stephens, Judge. Action against the state game warden to recover $7,500 damages because of his having turned loose an alleged 750,000 fish from alleged private ponds. A general demurrer to the complaint was sustained and a judgment of dismissal entered.
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APPEAL from tbe District Court of Sixth Judicial District for Fremont County. Hon. James M. Stephens, Judge. Action against the state game warden to recover $7,500 damages because of his having turned loose an alleged 750,000 fish from alleged private ponds. A general demurrer to the complaint was sustained and a judgment of dismissal entered. The right to construct fish ponds within the state of Idaho, even at the present time, to say nothing of the time prior to the passage of the fish and game law of 1905, is not a statutory privilege. It is a common-law right, and the fish and game laws…
1Opinion of the CourtSulliyan, J.
This action was brought by the appellant to recover $7,500 damages alleged to have resulted from the defendant, who is respondent here and who is state game warden, freeing and turning 750,000 fish out of ponds alleged to belong to the appellant.
It is alleged in the complaint that the appellant is the owner of, and in the possession of, the S. W. % of section 33, Twp. 16 N., Range 43 E., B. M., in Fremont county; that the plaintiff did between the year 1892 and the year 1904 construct four artificial fish ponds on said land, and did supply said ponds with water from a certain spring situated…
2Cases cited13 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Ex parte MaierCalifornia Supreme Court · 1894
- State v. RodmanSupreme Court of Minnesota · 1894
- Stevens v. StateCourt of Appeals of Maryland · 1899
- State v. SnowmanSupreme Judicial Court of Maine · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Harper v. GallowaySupreme Court of Florida · 1909
- Cawsey v. BrickeyWashington Supreme Court · 1914
- Walbridge v. RobinsonIdaho Supreme Court · 1912
- State v. TiceWashington Supreme Court · 1912
- Herrin v. SutherlandMontana Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.