Hardman v. King
Wyoming Supreme Court
Error to the District Court, Albany County, Hon. ChaRliís E. Carpenter, Judge. Action for trespass by cattle. The facts are stated in the opinion. No trespass is committed when animals lawfully running- at large wander upon and depasture the unenclosed lands of a private owner.
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Error to the District Court, Albany County, Hon. ChaRliís E. Carpenter, Judge. Action for trespass by cattle. The facts are stated in the opinion. No trespass is committed when animals lawfully running- at large wander upon and depasture the unenclosed lands of a private owner. (State v. Johnson, 7 Wyo., 515; Cosgriff v. Miller, 10 id., 222.) The rule is the same where private lands are in a general enclosure with public lands and lands of other parties, and the cattle charged to have trespassed were lawfully put into the enclosure upon lands not belonging to plaintiff, and have subsequently…
1Opinion of the Court
Beard, Justice.
The defendant in error, James King, Sr., commenced this action against the plaintiff in error, James Hardman, in the District Court of Albany County, to recover damages for alleged trespass upon his lands. The petition is in two counts, one charging a continuing trespass in 1903, and the other a like trespass in 1904. Both counts are identical except as to the year, and allege that on the first day of June of said years and on divers other days between that *507•clay and the seventh day of September in said years, said defendant unlawfully and with force broke and entered the…
2Cases cited5 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Martin v. Platte Valley Sheep Co.Wyoming Supreme Court · 1904
- Clemmons v. GilletteMontana Supreme Court · 1905
- Haskins v. AndrewsWyoming Supreme Court · 1904
- Merritt v. HillCalifornia Supreme Court · 1894
3Cited by6 opinions
- Braunstein v. Robinson Family Ltd. Partnership LLPWyoming Supreme Court · 2010
- Hinkle v. SiltamakiWyoming Supreme Court · 1961
- R.O. Corp. v. John H. Bell Iron Mountain Ranch Co.Wyoming Supreme Court · 1989
- Vanderford v. WagnerNew Mexico Supreme Court · 1918
- Garretson v. AveryWyoming Supreme Court · 1918
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