Bagley v. Prestwood

Petitioner insists that the fault with the opinion of the Court of Appeals is in the fact that it loses sight of the conflict in the evidence as to whether notice was given him by appellant within twenty-four hours as required by section 10216, Code. Argument is made that in the absence of such notice petitioner was' not bound to proceed under section 10220, though the amount of the damages, etc., could not be agreed on by the parties, and without such notice all claim for damages was released.

It is also pointed out that the record shows that on the second day after the cattle were taken up…