Smith v. Oatts

Simmons, Justice.

Smith sued Oatts for the recovery of two hogs, and the case was submitted to the court below upon the following agreed state of facts : Oatts bought the hogs at a sale by the marshal of Swainsboro, Ga., under an ordinance passed by the mayor and council of that town, in pursuance of the powers granted by the charter of the town, authorizing its local authorities to impound hogs, etc., when found running at large on the streets. The plaintiff’s hogs, were found by the marshal on the *693streets, and impounded. The plaintiff refused to pay the impounding fees or charges when called…