Phipps v. Grover

Citations

• 9 Idaho 415
• 75 P. 64
• 1904 Ida. LEXIS 61

Syllabus

<p>Sheep — Herding and Grazing — Distinguished from Driving.</p> <p>1. Under section 1210, Revised Statutes, which, provides that “It is not lawful for any person owning or having charge of sheep to herd the same, or permit them to be herded on the land or possessory claims of other persons, or to herd the same or permit them to graze within two miles of the dwelling-house of the owner or owners of such possessory claim,” it is not unlawful to drive sheep through the state or from one place to another, or from one range to another within the state, even though in so doing they pass within two miles of the dwelling-house of a settler.</p> <p>2. Driving sheep from one range to another is not “herding” them, nor is the occasional eating of grass as they go or while stopped for needed rest “grazing,” as contemplated by the lawmakers when enacting the above statute.</p> <p>3. Evidence examined and held insufficient to support the judg_ ment in this ease.</p> <p>(Syllabus by the court.)</p>