Thompson v. Corpstein

Citations

• 52 Cal. 653

Syllabus

<p>Estbax Law.—It was intended by the Act of March 18th, 1874, (Statutes 1873-74, p. 453) concerning roads and highways in Santa Clara County, that its provisions should only extend to cattle “running at large” or “ estray.” Eunhing at Large—Estray.—Cattle driven along a road in charge of a herder, and which, in passing, casually eat of the grass growing on the roadside, are not “estray” or “running at large,” within the above act. Herding.—The fact that the herder accidentally falls asleep while attending to the cattle, does not cause the cattle to be “ running at large ” or “ estray,” within the above act.</p> <p>Findings.—In an action of replevin the Court must find upon the issue of value and damage.</p> <p>Final Judgment.—Where no finding is made on the issue of value and damage, this Court will not direct final judgment to be entered.</p>