Court of Appeals for the Eighth Circuit March 27, 1908, No. 2,594 (Lingle v. Snyder)

SANBORN, Circuit Judge

(dissenting). I am unable to concur in the reversal of the judgment in this case. In my opinion no com-*631patent evidence of the invalidity of the contract evidenced by the two writings was offered, because there was no moral wrong in maintaining the fences, their maintenance was not illegal until the statute forbade it, the statute which denounced the fencing of the