State v. . Mathis
Supreme Court of North Carolina
ActioN tried before Ferguson, Jand a jury, July Term, 1908, of McDowell. This was a prosecution instituted before a Justice, and carried by appeal to the Superior Court. Pursuant to the provisions of sec. 1684, Rev., an election was held in McDowell County for the purpose of ascertaining whether the-.“stock law” should be established in said county, at which a -majority of the votes were cast for the law.
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ActioN tried before Ferguson, Jand a jury, July Term, 1908, of McDowell. This was a prosecution instituted before a Justice, and carried by appeal to the Superior Court. Pursuant to the provisions of sec. 1684, Rev., an election was held in McDowell County for the purpose of ascertaining whether the-.“stock law” should be established in said county, at which a -majority of the votes were cast for the law. Pursuant to the provisions of the statute, and the election, the commissioners of said county made the following order: “It is ordered by the Board that the Blue Ridge Mountains or mountain…
1Opinion of the Court
, CoNNOR, J.
In Laws v. R. R., 52 N. C., 468, Judge Battle says: “In England, where all, or nearly all, the lands were enclosed by the respective owners, the law requires that each proprietor shall keep his horses, cattle and other live stock on his own premises, and if he permits them to g’o upon the land of another, it will be a trespass for which he will be responsible.” lie proceeds to give an interesting .account of the change adopted in this country, by reason of the different “conditions of things,” concluding that, by the statutes requiring every planter to maintain, around his…
2Cases cited3 opinions
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