Scott v. Sanders

Court of Appeals of Georgia

Scott v. Sanders

102 S.E. 370, 25 Ga. App. 21, 1920 Ga. App. LEXIS 564

CourtCourt of Appeals of Georgia

DecidedMarch 3, 1920

Docket11098

StatusPublished

Cited by4 cases

This text of 102 S.E. 370 (Scott v. Sanders) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott v. Sanders, 102 S.E. 370, 25 Ga. App. 21, 1920 Ga. App. LEXIS 564 (Ga. Ct. App. 1920).

Pincite

Opinion

Broyles, C. J.

1. The common-law rule that where, through the negligent keeping of a hog by its owner, it strayed upon the land of another and injured his crops, it was a trespass fqr which the owner of the hog was answerable in damages, and the party injured might either impound the animal until his damages should be satisfied by the owner, or might bring an action for the trespass, is still of force in this State; and it is immaterial whether the stock law was of force in the county. The remedy given by the stock law in our code is not exclusive, but cumulative. Bonner v. DeLoach, 78 Ga. 50 (2 S. E. 546).

2. Under the above ruling the defendant in the instant ease had a right tp impound the hog until its owner had satisfied his damages. His posses[22]*22sion, therefore, was lawful, and the owner of the hog could not recover it by a suit in trover.

Decided March 3, 1920.

Trover; from city court-of Dublin — Judge Elynt. November 17, 1919.

S. P. New, for plaintiff in error. W. C. Davis, contra.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Broyles, C. J.

1. The common-law rule that where, through the negligent keeping of a hog by its owner, it strayed upon the land of another and injured his crops, it was a trespass fqr which the owner of the hog was answerable in damages, and the party injured might either impound the animal until his damages should be satisfied by the owner, or might bring an action for the trespass, is still of force in this State; and it is immaterial whether the stock law was of force in the county. The remedy given by the stock law in our code is not exclusive, but cumulative. Bonner v. DeLoach, 78 Ga. 50 (2 S. E. 546).

2. Under the above ruling the defendant in the instant ease had a right tp impound the hog until its owner had satisfied his damages. His posses[22]*22sion, therefore, was lawful, and the owner of the hog could not recover it by a suit in trover.

Decided March 3, 1920.

Trover; from city court-of Dublin — Judge Elynt. November 17, 1919.

S. P. New, for plaintiff in error. W. C. Davis, contra.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

102 S.E. 370, 25 Ga. App. 21, 1920 Ga. App. LEXIS 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-sanders-gactapp-1920.

Opinion

Related

Cite This Page — Counsel Stack