3-1428

3-1428. Action to recover for damage done by
livestock which break through lawful fence

A. The owner or occupant of land enclosed by a lawful fence upon which damage of
less than two hundred dollars has been done by livestock which has broken through the
fence may bring an action to recover damages before a justice of the peace of the
precinct in which the land is located, regardless of the place of residence of the owner
of the livestock or the person having charge of the livestock at the time of
trespass. If the amount of damage is two hundred dollars or more, the action may be
brought in the superior court in the county where the land is located, regardless of the
place of residence of the owner of the livestock or of the person having charge of the
livestock at the time of the trespass.

B. If the plaintiff has possession of the livestock causing the damage complained
of, and recovers judgment, the court shall, in addition to the personal judgment impress
a lien on the livestock for the amount of the judgment, and order a sale thereof to
discharge the lien.