TITLE 25

ANIMALS

CHAPTER 13

DRIVING FROM RANGE OR HERDING LIVESTOCK

25-1302.  Liability to civil action — Attachment of defendant’s livestock. Any person who, without the owner’s consent, drives, rides, or leads or assists in driving, riding or leading any head of livestock, the property of another, away from its usual or accustomed range is liable in a civil action in a court of competent jurisdiction to the party injured for damages, including the costs of litigation. The party injured may, at the commencement of the action, or during the pendency thereof, have the livestock of the defendant, or such number thereof as are sufficient, attached, seized and held as security for all damages and costs that may be recovered in such action.

History:

[(25-1302) 1881, p. 295, sec. 14; am. R.S., sec. 1182; reen. R.C. & C.L., sec. 1242; am. 1919, ch. 176, sec. 2, p. 553; C.S., sec. 1935; I.C.A., sec. 24-1104.]