Waud v. Crawford
Supreme Court of Iowa
Appeal from Polk District Court. — PIon. Hugh Brennan, Judge. Action at law to recover the value of a horse killed by the defendant.
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Appeal from Polk District Court. — PIon. Hugh Brennan, Judge. Action at law to recover the value of a horse killed by the defendant. Defendant pleaded that he was a regular police officer of the City of Des Moines, and also a regular police officer of the Iowa Humane Society, and that in virtue of his authority as such he killed the horse in question, after he had been examined by two veterinary surgeons and pro-nounced “disabled and unfit for further use;” for the purpose of ending his suffering. Plaintiff demurred to defendant’s answer, and his demurrer was sustained. Thereafter defendant…
1Opinion of the CourtDeemer, J.
As the killing of the horse was admitted, the principal question in the case is the right of the defendant, as a police officer or an officer of the Iowa Humane Society, to destroy the animal. He pleads justification under section 2339 of the Code, which reads as follows: “A sheriff, constable, police officer, officer of any society for the prevention of cruelty to animal, or any magistrate shall destroy any horse or other animals disabled or unfit for further use.” *434Plaintiff says that this act is unconstitutional in that it does not provide for notice to the owner, or an opportunity to be…
2Cases cited26 opinions
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Lincoln v. SmithSupreme Court of Vermont · 1855
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- Kuntz v. SumptionIndiana Supreme Court · 1889
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3Cited by9 opinions
- Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
- Fevold v. Board of SupervisorsSupreme Court of Iowa · 1926
- Kelley v. Story County SheriffSupreme Court of Iowa · 2000
- Peverill v. Board of SupervisorsSupreme Court of Iowa · 1928
- Walker v. Johnson CountySupreme Court of Iowa · 1973
4 more not listed; retrieve them via the Exa API.