Friday v. Floyd

Citations

• 63 Ill. 50

Syllabus

<p>1: Municipal !corporation—impounding animals. Where an incorporated town had declared, by ordinance, the running at large of ^íogs in the town to be a nuisance, and prohibited the same, and directed that hogs and pigs found so running at large, should be taken up by the police constable and impounded, it was held, that the hogs of a party who resided near the town limits, and who suffered them to go at large, were subject to be impounded under the ordinance, if they were found at large within the town.</p> <p>2. Impounding animals—justification. The plaintiff’s hogs were found running at large in an incorporated town, contrary to the ordinance, by two persons, and were being driven by them to the pound, when the police constable who was empowered to impound them, met them and assisted in driving the hogs to the pound, where he detained them. The parties first taking up the hogs were not acting under any directions of the officer in regard to these particular hogs, but under a general instruction to drive to the pound any hogs found running at large, and lock them in, at an agreed compensation per head: Held, in replevin against the officer, that his detention was lawful, he having found the hogs at large in the town before they were impounded.</p> <p>Justices Walker, McAllister and Thornton, dissenting, held, that the officer had no right to delegate his authority, and that having received possession from .trespassers, could not justify their detention.</p>