People v. Belknap
New York Supreme Court
Appeal from circuit court, St. Lawrence county. An action by the people against John Belknap to recover several penalties of $25 each for violating the laws for the protection of fish. The verdict was for $200. The summons and complaint were not signed by any district attorney, and there was no allegation or claim that the action liad been commenced under the direction of any fish or game protector, or other officer. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLandon, J.
The defendant incurred the penalties to the amount of the verdict. The point which he raised by his answer and motions for the dismissal of the complaint is that this suit against him in the name of the peo*144pie of the state of New York as plaintiff was not shown by the complaint or otherwise to have been brought under any statutory authority, and that, without such authority and a compliance with it, the people have no capacity to sue, and no attorney or individual has the right to use their name as party plaintiff. Neither the complaint nor the evidence showed by what authority the people…
2Cases cited2 opinions
- Solinger v. . EarleNew York Court of Appeals · 1880
- Seward v. BeachNew York Supreme Court · 1859
3Cited by4 opinions
- County of Steuben v. WoodAppellate Division of the Supreme Court of the State of New York · 1897
- People v. LambNew York Supreme Court · 1895
- State v. MessnerNorth Dakota Supreme Court · 1900
- Town of Stamford v. Calhoun, New York County Courts1910