People ex rel. Fargo v. Rosendale
New York Supreme Court
Appeal from special term, Albany county. Application by James C. Fargo, as president of the American „ Express Company, for writ of mandamus to Simon W. Rosendale, attorney general, to compel him to grant the certificate provided for-by Code Civ. Proc. § 3241, that he might present the same to the comptroller to collect costs in certain actions. From an orderdenving the. application, relator appeals. Reversed.
1Opinion of the CourtMayham, P. J.
The principal question to be determined on this appeal is whether the actions prosecuted in the name of the-*826people of the state, under the direction of the chief game protector thereof, to recover penalties for violation of the provisions of section 46 of chapter 488 of the Laws of 1892, were actions prosecuted for the benefit of the county in which the wild game charged to have been illegally transported by the relator was captured, or for the benefit of the state, in whose name the actions were prosecuted, and into whose treasury the penalties if recovered were to be paid. If for the…
2Cases cited1 opinion
- People v. . AldenNew York Court of Appeals · 1889
3Cited by3 opinions
- Martin v. LefkowitzNew York Supreme Court · 1963
- People v. FargoNew York Supreme Court · 1909
- People v. Three Barrels Full, Two Barrels Full, Three Five Gallon Jugs & Two Five Gallon Jugs, Part FullAppellate Division of the Supreme Court of the State of New York · 1922