Akers v. George

Citations

• 61 Ill. 376

Syllabus

<p>Cattle sunning at large—under act of 1867. In an action of replevin for the alleged wrongful taking and detention by the defendant of ninety head of cattle belonging to the plaintiff, the defendant justified the taking and detention of the cattle under the act of March 7,1867, entitled “An act to prevent domestic animals from running at large in the counties of Monyoe, St. Clair and other counties.” It appeared the plaintiff’s cattle were in the field of one Dement, with the consent of the latter, and that they passed thence upon the premises of the defendant, through a breach in the partition fence made by the cattle of the defendant where they were taken up by him: Held, the breach thus made, it was the duty of the defendant to repair, and under such circumstances he had no more right to take up and hold the plaintiff’s cattle under the act mentioned, thus trespassing on his land, than he would have liad if the breach in the fence had been made by the defendant himself instead of by his cattle.</p>