People v. Fisher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary L. Fisher and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 1st day of August, 1906., upon the report, of a referee for $450 damages, besides costs.
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Appeal by the defendants, Mary L. Fisher and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 1st day of August, 1906., upon the report, of a referee for $450 damages, besides costs. The action is brought to recover penalties" under section 222 of the Forest, Fish and ■ Game Law (Laws of 1900, chap. 20, as aind. by Laws of 1902, chap. 334, and Laws of 1905, chap. 285), for cutting timber upon lands situate in the county of Herkimer, claimed to be owned by the State and'part of the forest preserve, and…
1Opinion of the Court
Kruse, J.:
If the lands upon which the timber was cut were owned by the State, it follows that the judgment was properly directed against the defendants, for it appears they are situated in the county of Herkimer, and section 216 of the Forest, Fish and Game Law provides that the forest preserve shall include lands owned or-hereafter acquired by the State, among others those within the county of Herkimer. Amd section 7 of article -7 of the State Constitution provides for the preservation of the lands constituting the forest preserve. It requires that they shall be kept as wild forest lands,…
2Cases cited3 opinions
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
3Cited by5 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Ontario Knitting Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1911
- Johnson v. Kaiser Foundation Health Plan, No. Cv 91-031241-S (May 18, 1994)Connecticut Superior Court · 1994
- Ontario Knitting Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1911
- Queens Terminal Co. v. SchmuckAppellate Division of the Supreme Court of the State of New York · 1911