People v. Russ
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People-of the State of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ontario on the 22d day of October, 1909, upon the dismissal of the complaint by direction of the court on the plaintiff’s opening on a trial at the Ontario Trial Term.
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Appeal by the plaintiff, The People-of the State of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ontario on the 22d day of October, 1909, upon the dismissal of the complaint by direction of the court on the plaintiff’s opening on a trial at the Ontario Trial Term. The action was commenced on the 10th day of April, 1909, to recover a penalty of $100, for which it is alleged that defendant became liable because of his violation of sections 65 and 66 of the Agricultural Law as it existed in 1908. (See Gen. Laws,…
1Opinion of the Court
McLennan, P. J.:
It is alleged in the complaint, that at all the times mentioned therein Raymond A. Pearson was, since has been and now is the Commissioner 'of Agriculture of the State of New York and that he, as such Commissioner, by Willis C. Ellis, the attorney duly designated by the Attorney-General of the State for that purpose,, prosecutes this action' in the name of the People of the State to recover the penalty thereafter mentioned, with costs, as required by and pursuant to the provisions of section 8 of chapter 338 of the Laws of 1893, entitled “ An Act in relation to agriculture,”…
2Cases cited3 opinions
- Ithaca Fire Department v. RiceAppellate Division of the Supreme Court of the State of New York · 1905
- County of Steuben v. WoodAppellate Division of the Supreme Court of the State of New York · 1897
- People v. SpeesAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1910
- People v. SteinbeckAppellate Division of the Supreme Court of the State of New York · 1919