Utsey v. Hiott
Supreme Court of South Carolina
Before Pressley, J., Colleton, June, 1888. This was an action by W. L. Utsey against Josiah Hiott, sr. The decree of the Circuit Judge was as follows : By section 1184 of General Statutes, all owners of stock are prohibited from letting them wander outside their own land, and they are liable to pay damages to persons upon whose land the wandering stock may trespass.
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Before Pressley, J., Colleton, June, 1888. This was an action by W. L. Utsey against Josiah Hiott, sr. The decree of the Circuit Judge was as follows : By section 1184 of General Statutes, all owners of stock are prohibited from letting them wander outside their own land, and they are liable to pay damages to persons upon whose land the wandering stock may trespass. The stock of respondent in this case trespassed on the land of appellant, and he sues to recover three dollars for .penning said stock, as allowed by the said stock law. Respondent pleads the act of 1887, which exempts the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
From the “agreed Case” it appears *363that both the plaintiff (respondent) and the defendant (appellant) reside within the territorial limits exempted from the operations of the general stock law by act of 1887, “To exempt certain portions of Colleton County from the operation of chapter XXVÍL, title X., General Statutes, in relation to the general stock law” (19 Stat, 1002); that in April, 1888, one of the defendant's cattle wandered upon the cultivated lands of the plaintiff, and was seized by him while so trespassing, under the…
2Cited by9 opinions
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- Xepapas v. RichardsonSupreme Court of South Carolina · 1929
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