Walker v. Bacon

Idaho Supreme Court

Walker v. Bacon

81 P. 155, 11 Idaho 127, 1905 Ida. LEXIS 41

CourtIdaho Supreme Court

DecidedJune 1, 1905

StatusPublished

Cited by5 cases

This text of 81 P. 155 (Walker v. Bacon) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. Bacon, 81 P. 155, 11 Idaho 127, 1905 Ida. LEXIS 41 (Idaho 1905).

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Opinions

SULLIVAN, J.

— This is an action brought to recover damages for herding and grazing sheep within two miles of the dwelling of the plaintiff under the provisions of sections 1210 and 1211 of the Revised Statutes. To the complaint the defendant interposed an answer not denying any of the allegations of the complaint, but set up as a defense the unconstitutionality of the provisions of said sections. Counsel for the respondent thereupon moved for judgment on the pleadings, which motion was granted by the court and judgment was entered against the appellant for the sum of $100 and costs of suit, from which judgment this appeal is taken.

This appeal involves the constitutionality of the provisions of said sections of our Revised Statutes, and on the decisions of this court in the cases of Sifers v. Johnson, 7 Idaho, 798, 97 Am. St. Rep. 271, 65 Pac. 709, 54 L. R. A. 785, Sweet v. Ballentyne, 8 Idaho, 431, 69 Pac. 995; Walling v. Bown, 9 Idaho, 184, 72 Pac. 960, Phipps v. Gover, 9 Idaho, 415, 75 Pac. 64, Walling v. Bown, 9 Idaho, 740, 76 Pac. 318, and Spencer v. Morgan, 10 Idaho, 542, 79 Pac. 459. The judgment of the court must be affirmed, and it is so ordered. The costs of this appeal are awarded to the respondents.

Ailshie, J., concurs. Stockslager, C. J., dissents. (June 20, 1905.)

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SULLIVAN, J.

— This is an action brought to recover damages for herding and grazing sheep within two miles of the dwelling of the plaintiff under the provisions of sections 1210 and 1211 of the Revised Statutes. To the complaint the defendant interposed an answer not denying any of the allegations of the complaint, but set up as a defense the unconstitutionality of the provisions of said sections. Counsel for the respondent thereupon moved for judgment on the pleadings, which motion was granted by the court and judgment was entered against the appellant for the sum of $100 and costs of suit, from which judgment this appeal is taken.

This appeal involves the constitutionality of the provisions of said sections of our Revised Statutes, and on the decisions of this court in the cases of Sifers v. Johnson, 7 Idaho, 798, 97 Am. St. Rep. 271, 65 Pac. 709, 54 L. R. A. 785, Sweet v. Ballentyne, 8 Idaho, 431, 69 Pac. 995; Walling v. Bown, 9 Idaho, 184, 72 Pac. 960, Phipps v. Gover, 9 Idaho, 415, 75 Pac. 64, Walling v. Bown, 9 Idaho, 740, 76 Pac. 318, and Spencer v. Morgan, 10 Idaho, 542, 79 Pac. 459. The judgment of the court must be affirmed, and it is so ordered. The costs of this appeal are awarded to the respondents.

Ailshie, J., concurs. Stockslager, C. J., dissents. (June 20, 1905.)

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81 P. 155, 11 Idaho 127, 1905 Ida. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-bacon-idaho-1905.

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