Legal Opinion

Dieterich v. Fargo

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 1907PublishedCited by 1 opinion

Appeal by the plaintiff, Charles F. Dieterich, from, an interlocutory judgment-of the Supreme Court in favor of the.defendant, entered in the office of the clerk of the county of Dew York on the 19th day of February, 1907, upon the decision of the court, rendered after a trial at'the Dew York Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint.

1Opinion of the Court

Houghton, J.:

■ Plaintiff’s complaint alleges that he maintains á private deér preserve'in this State,, at Mill Brook in Dutchess county* consisting of about 2*400 .acres, securely fenced, within which lie placed some years ago-several “ domesticated ” deer purchased by him without this State, and that they have rapidly increased- in number, and .to such an extent that in order to preserve his herd it is necessary for him to kill, annually, a considerable number of bucks, and that lie' desires to sell their carcasses to produce a revenue for maintaining. ..such preserve, and that there is no…

2Cases cited3 opinions

  1. People v. . BootmanNew York Court of Appeals · 1904
  2. People v. WeinstockAppellate Division of the Supreme Court of the State of New York · 1907
  3. People v. Waldorf-Astoria Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. Dieterich v. . FargoNew York Court of Appeals · 1909

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