Spect v. Arnold

Citations

• 52 Cal. 455

Syllabus

<p>Conflict in Evidence.—IE the Marshal of a town seizes sheep as “running at large ” within its limits, in violation of an ordinance, and, on the trial of an action to replevy them, testifies that there was a hoy with the sheep, hut he did not know what he was doing, while several persons testify that the hoy was herding the sheep and had them under his control, there is not such a conflict in the evidence as will justify a Court in finding that the sheep were “running at large.”</p> <p>Construction of an Ordinance.—The ordinance of a town which authorizes the Marshal to seize sheep found running at large in its streets, does not justify the Marshal in seizing sheep which are being herded by a competent person and are under his control.</p>