Legal Opinion

Jeremiah, County Com'rs v. Higgins

Supreme Court of Oklahoma

Decided November 14, 1911No. 1092Published

Brror from District Court, Sequoyah County; John H. Pitchford, Judge. Action by J. W. Higgins and others in mandamus against A. J. Jeremiah and others, County Commissioners. Judgment for plaintiffs, and defendants bring error.

1Opinion of the Court

Opinion by

AMES, C.

By an act of the territorial Legislature of 1903 (Comp. Laws 1909, secs. 155 and 156), it was provided :

“Sec. 155: Every owner of swine, sheep, goats, stallions, or jacks, shall restrain them at all times and seasons of the year, from running at large, in the state of Oklahoma.”
“Sec. 156: All domestic animals other than those mentioned in section one hereof, shall be by the owner thereof, restrained from running at large in said state, unless permitted to run at large as hereafter provided in this act.”

These sections were extended in force over the entire state upon the…

2Cases cited2 opinions

  1. Leflore v. SandersSupreme Court of Oklahoma · 1909
  2. Allen v. WaldenSupreme Court of Oklahoma · 1910

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