Harvey Oil v. Rowley

Citations

• 69 Ill. 469

Syllabus

<p>1. Impounding animals—construction of act of 1869. The act of 1869, making it unlawful for the owners of domestic animals of the species horse, bull, etc., to suffer them to run at large in certain counties, and authorizing them to be impounded when found at large, etc., does not authorize the taking up of any cow, heifer, or steer. The term “species bull,” in the act, embraces bulls of all kinds and descriptions, without reference to size, age or quality, but not cows, heifers or steers.</p> <p>2. Same—township ordinance. A township ordinance requiring the owners of horses and cattle to confine them during the night-time, and imposing a fine of twenty-five cents per head for each animal suffered to run at large in the night-time, can not be construed to justify the impounding and detention of such animals when not confined as required.</p> <p>3. Same—distress for damages. As cattle may lawfully run at large in this State, and the owner of land can not recover for trespass committed by them upon his land unless the same is inclosed by a lawful fence, it follows that he can not take them damage feasant, and hold them until amends are made, as there is no injury requiring amends where he can not maintain trespass.</p>