Gilchrist v. Schmidling
Supreme Court of Kansas
Error from Lyon district court. Beplevin brought by Schmidling to recover the possession of two heifers taken up and held by William H. Gilchrist and James Nisbit ■as marshal and policeman of the city of Emporia. Defendants ■claimed that they took up the cattle in controversy pursuant to the provisions of the following ordinance : “An ordinance to regulate and prohibit the running at large OE ANIMALS.
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Error from Lyon district court. Beplevin brought by Schmidling to recover the possession of two heifers taken up and held by William H. Gilchrist and James Nisbit ■as marshal and policeman of the city of Emporia. Defendants ■claimed that they took up the cattle in controversy pursuant to the provisions of the following ordinance : “An ordinance to regulate and prohibit the running at large OE ANIMALS. “Be it ordained by the Mayor and Couneilmen of the City of Emporia: “ Section 1. No horse, pony, mare, filly, mule, ass, sheep, goat, swine, neat cattle, or other animal, shall run at large…
1Opinion of the CourtValentine, J.
This was an action of replevin, brought by the defendant in error (plaintiff below) to recover the possession of two heifers, valued, respectively, at $45 and $15. The defendants below answered, setting up — First, substantially a general denial; second, that the defendants were officers of the city of Emporia, and impounded and held said cattle under an ordinance of the city, setting out the ordinance in full, and making it a part of the answer. The plaintiff below *demurred to this second defense on the . ground that it did not state facts sufficient to constitute a defense to the action.…
2Cases cited8 opinions
- Happy v. . MosherNew York Court of Appeals · 1872
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Stockton v. Common Council of StocktonCalifornia Supreme Court · 1871
- Campbell v. . EvansNew York Court of Appeals · 1871
- Ames v. Port Huron Log Driving & Booming Co.Michigan Supreme Court · 1863
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3Cited by2 opinions
- City of Paris v. HaleCourt of Appeals of Texas · 1896
- State v. MajorsSupreme Court of Kansas · 1876