Robinson v. Perry
Supreme Court of Kansas
Error from Anderson District Court. Action by Perry, brought originally before a justice of the peace, to recover damages for injuries to Perry’s crops alleged to have been committed by the sheep of Robinson. The case was taken to the district court by appeal. The defense was, “that- the lands of said plaintiff, at the time of the alleged trespass, were not inclosed by a good, sufficient and legal fence.” Plaintiff demurred.
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Error from Anderson District Court. Action by Perry, brought originally before a justice of the peace, to recover damages for injuries to Perry’s crops alleged to have been committed by the sheep of Robinson. The case was taken to the district court by appeal. The defense was, “that- the lands of said plaintiff, at the time of the alleged trespass, were not inclosed by a good, sufficient and legal fence.” Plaintiff demurred. The district court, at the September Term 1874, sustained said demurrer; and upon trial gave judgment in favor of Perry, plaintiff, for the sum of $8.60, and costs.…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question involved in this case is, whether chapter 116 of the laws of 1870 (page 239) is constitutional and valid, or not. The substantial portion of that chapter reads as follows:
“Section 1. That section one of chapter 115 of the laws of the state of Kansas, approved March 1st 1869, be so amended as to read as follows: Sec. 1.-A11 persons owning or having charge of any sheep, shall keep the same from running at large, except as in this act otherwise provided: Provided, That the provisions of this act shall not; apply to the…
2Cases cited1 opinion
- Darling v. RodgersSupreme Court of Kansas · 1871
3Cited by11 opinions
- Rathbone v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1897
- Johnson v. Board of County CommissionersSupreme Court of Kansas · 1938
- Travelers' Ins. v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1893
- Hall v. Bell CountyCourt of Appeals of Texas · 1911
- Board of Commissioners v. ShoemakerSupreme Court of Kansas · 1882
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