Blizzard v. Walker
Cases that cite this one
2 later published cases cite this decision.
- Little v. Swafford (Ind. Ct. App. 1895)
- Clark v. Stipp (Ind. 1881)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The cattle of the appellee trespassed upon the land of the appellant and damaged crops thereon. Appellant seized the cattle and refused to deliver them -up until the damages were paid. This action was replevin, by appellee, and he succeeded below. It was proved on the trial that the fence around appellant’s land was not a “ lawful fence” within the provision of the first and second sections of an act “ concerning inclosures, trespassing animals, and partition fences ” (1 G-. & H. 342), and, therefore, under the four
It was attempted to prove that although, the inelosure was not such as “ good husbandmen generally keep,”' yet it was-such as was kept in that locality, where fences were taken in during the winter to avoid the spring-freshets. Ourstatute, unfortunately, is general, and not, perhaps, adapted to this custom.
Judgment affirmed, with costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.