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.
Reference
- Full Case Name
- William L. Stockton v. Thomas R. Caldwell
- Status
- Published
- Syllabus
- 1. Stock Law. Code 1892, § 2056. Amended Laws 1900, p. 164. Municipalities. Freeholders of. Petitioners. The freeholders and qualified leaseholders resident in. a municipality, wholly included within the territory over which an absolute stock law is intended to operate, are entitled to petition for or against the putting of the law in force, under Code 1892, § 2056, amended Laws 1900, p. 164, ch'. 124, providing that the board of supervisors, on the petition of two-thirds of all resident freeholders and leaseholders for a term of three years or more, may declare the stock law in force in the county or in one or more townships thereof. 2. Same. How counted if not on petition. Where the freeholders and leaseholders of a municipality were not given an opportunity to sign a petition for the establishment of such law, they should, by operation of law, be counted against it. 3. Same. Powers of municipalities. Fffect. The fact that all municipalities are vested with power to prevent or regulate the running at large of animals of all kinds within corporate limits does not deprive the freeholders and leaseholders residing within such limits of their right to petition.