Legal Opinion

Ritzenger v. Hart

Missouri Court of Appeals

Decided January 5, 1891PublishedCited by 2 opinions

Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) From the record in this cause, the question, as we deem it, for consideration is whether the act of the legislature, approved April 27, 1883, commonly known as the “stock law,” was in force in Carroll county on December 25, 1888. Has appellant saved enough upon the record to raise this question ? We maintain that he has.

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Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) From the record in this cause, the question, as we deem it, for consideration is whether the act of the legislature, approved April 27, 1883, commonly known as the “stock law,” was in force in Carroll county on December 25, 1888. Has appellant saved enough upon the record to raise this question ? We maintain that he has. It may be contended by respondent that appellant admitted that the stock law was in force in said county, by presenting that theory of the case in the instructions asked and given by the court in his…

1Opinion of the CourtGriLL, J.

Plaintiff brought this action to recover of defendant three head of cattle, which, it seems, defendant had taken up as running at large in violation of ■what is known as the “ stock law.” On the trial in the circuit court before a jury, a verdict and judgment were had in defendant’s favor, and plaintiff brings the case here by appeal.

The point made in plaintiff ’s brief is, that the “ stock law,” enacted by the legislature and approved *185April 27, 1883, was not in force in Carroll county at the time these cattle were seized and held by defendant. But it is sufficient to say that, on this…

2Cases cited4 opinions

  1. Davis v. BrownSupreme Court of Missouri · 1878
  2. Harrison v. BartlettSupreme Court of Missouri · 1872
  3. Griffith v. HanksSupreme Court of Missouri · 1886
  4. Smith v. Dunklin CountySupreme Court of Missouri · 1884

3Cited by2 opinions

  1. Barnes v. Columbia Lead Co.Missouri Court of Appeals · 1904
  2. Logan v. Enterprise Investment & Improvement Co.Missouri Court of Appeals · 1892

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