Supreme Court of Alabama January 15, 1852 (Woodward v. Purdy)

PHELAN, J.

Erom the facts stated in the bill of exceptions, the fence of the plaintiff in error, Woodward, was not a “lawful fence,” agreeably to the statute, (Clay’s Dig. 241,) at the time the defendant’s hogs broke into his enclosure. The defendant’s right of action, for the inj ury done to his hogs by the plaintiff’s dogs, depended indeed upon this point.