Stockton v. Caldwell
Stockton v. Caldwell
Opinion of the Court
delivered the opinion of the court.
The town of Amory being included entirely within the territory over which the absolute stock law was intended to operate, the freeholders amd duly qualified'leaseholders resident therein were entitled to be consulted in reference to the establishment of the law. Unless the question has been submitted to a vote, the statute requires the presentation of an affirmative petition of two-thirds of all resident freeholders and leaseholders for a term of three years or more as a condition precedent to the passage of any order by the board of supervisors declaring any stock law to'be in force. The fact that all municipal authorities are vested with' power to “prevent or regulate the -running at large of animals of all kinds” within the corporate limits of their respective municipalities does not deprive the freeholders and leaseholders residing in such municipalities of their right to petition either for or against the establishment by the board
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.