Inglis v. Schreiner
Supreme Court of New Jersey
On certiorari. The defendant was charged with the violation of section 21 of the amended Game law. Samph. L. 1893, p. 48. That section is as follows: “ That it shall not be lawful for any person or persons to sail for, to shoot, or shoot at, any goose, brant or duck from any boat or boats, vessel or vessels, propelled by steam or sail, * * * under a penalty of. twenty dollars for each and every offence.”
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On certiorari. The defendant was charged with the violation of section 21 of the amended Game law. Samph. L. 1893, p. 48. That section is as follows: “ That it shall not be lawful for any person or persons to sail for, to shoot, or shoot at, any goose, brant or duck from any boat or boats, vessel or vessels, propelled by steam or sail, * * * under a penalty of. twenty dollars for each and every offence.” Jurisdiction over the several offences prescribed is granted by section 36 as follows: “That such justice of the peace, upon receiving proof by affidavit or affidavits .of one or more persons…
1Opinion of the Court
The opinion of the court was delivered by'
Garrison, J.
The jurisdictional requirement that the justice of the peace shall have received proof of some violation of the statute is not satisfied by an affidavit made upon information and belief. This is conclusively established by *122an unbroken line of decisions. Wire v. Browning, Spenc. 364; Hill v. Hunt, Id. 476; Kepp v. Chamberlain, Id. 656 ; Stanley v. Horner, 4 Zab. 511; Schuyler v. Treefern, 2 Dutcher 213; Kennedy ads. Chumar, Id. 305; Bowne v. Titus, 1 Vroom 340; Johnson v. Allen, 26 Id. 400; Truax ads. Pennsylvania Railroad Co., 27 Id. 277.
Th…
2Cited by4 opinions
- State ex rel. Frederick v. BrodieSupreme Court of Alabama · 1906
- Swain v. NeeldNew Jersey Superior Court Appellate Division · 1958
- Barnidge v. KilpatrickSupreme Court of Louisiana · 1904
- Hufty v. WilsonSupreme Court of New Jersey · 1909