Supreme Court of Georgia, 1881

Hamilton v. Howard

Hamilton v. Howard
Supreme Court of Georgia · Decided September 15, 1881 · Crawford
68 Ga. 288

Hamilton v. Howard

Opinion of the Court

Crawford, Justice.

(Howard brought an action against Hamilton, under §1445 of the Code, for a trespass in killing one of plaintiff’s hogs in an enclosure belonging to defendant. The latter pleaded the general issue and also the following special pleas : That the fence, though not a legal fence generally, was sufficient as to hogs (describing it); that though the fence was not five feet high it was nowhere lower than four and a half feet, and in some places was seven feet high; that the fence had been sufficient to keep out other hogs; that he gave plaintiff notice before killing the hog; and that he claimed a set-off for damages done to his crop by the hog.)

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