Walker v. Bacon
Idaho Supreme Court
APPEAL from the District Court of Elmore County. Honorable Lyttleton Price, Judge. Action to recover damages under what is known as the two-mile limit law. Judgment for plaintiff. • The policy of the United States as to their public lands not only permits, but encourages, their use for the purpose of pasturing all kinds of livestock.
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APPEAL from the District Court of Elmore County. Honorable Lyttleton Price, Judge. Action to recover damages under what is known as the two-mile limit law. Judgment for plaintiff. • The policy of the United States as to their public lands not only permits, but encourages, their use for the purpose of pasturing all kinds of livestock. This is the result of no recent legislation or declaration, but has been the settled policy of all departments of the government from our earliest history. (Buford v. Houtz, 133 U. S. 320, 10 Sup. Ct. Rep. 305, 33 L. ed. 618; Kelley v. Rhoades, 188 U. S. 1, 23…
1Opinion of the CourtSullivan, J.
— This is an action brought to recover damages for herding and grazing sheep within two miles of the dwelling of the plaintiff under the provisions of sections 1210 and 1211 of the Revised Statutes. To the complaint the defendant interposed an answer not denying any of the allegations of the complaint, but set up as a defense the unconstitutionality of the provisions of said sections. Counsel for the respondent thereupon moved for judgment on the pleadings, which motion was granted by the court and judgment was entered against the appellant for the sum of $100 and costs of suit, from which…
Also in this document: Concurrence.
2Cases cited6 opinions
- Sweet v. BallentyneIdaho Supreme Court · 1902
- Walling v. BownIdaho Supreme Court · 1904
- Sifers v. JohnsonIdaho Supreme Court · 1901
- Walling v. BownIdaho Supreme Court · 1903
- Phipps v. GroverIdaho Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Allen v. BaileySupreme Court of Colorado · 1932
- In Re CalvoNevada Supreme Court · 1927
- Ansolabehere v. LabordeNevada Supreme Court · 1957
- Bradshaw v. BurstedtIdaho Supreme Court · 1930
- State v. KouniIdaho Supreme Court · 1938