Hamilton v. Howard

Supreme Court of Georgia
Hamilton v. Howard, 68 Ga. 288 (Ga. 1881)
Crawford

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.)

Reference

Status
Published