Legal Opinion

People ex rel. Renshaw v. Gillespie

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

Decided January 15, 1898PublishedCited by 3 opinions

Certiorari issued out of the Supreme- Court and attested on the 24th day of August, 1897, directed to O. E. Gillespie, as justice of the peace of the town of Luzerne, Warren county, N. Y., commanding him to certify and return to the office of the clerk of the county of Warren all and singular his proceedings in regard to an order, made by him in an ex parte proceeding, directing that a certain dog, the property of the relator, be immediately killed.' The relator was the…

Read the full summary

Certiorari issued out of the Supreme- Court and attested on the 24th day of August, 1897, directed to O. E. Gillespie, as justice of the peace of the town of Luzerne, Warren county, N. Y., commanding him to certify and return to the office of the clerk of the county of Warren all and singular his proceedings in regard to an order, made by him in an ex parte proceeding, directing that a certain dog, the property of the relator, be immediately killed.' The relator was the owner of a dog called “ Czar,” of the value, as alleged by him, of $500, which he kept in the town of Luzerne, Warren…

1Opinion of the Court

Landon, J.:

While it is now settled law that a dog is property, it is still true that some dogs, because of their viciousness, are nuisances. The statute in question seeks the summary abatement of such nuisances. It was the politiy of the law in colonial times, and has been ever since, to make a summary disposition of vicious dogs. (N. Y. Colonial Laws 1732,'Edition of the Statutory. Revisers, Vol. 2,735; Laws 1764, id. Yol. 4, 830; Laws 1768, id. 1070.) These colonial laws were continued in force by the State Constitution. (Art. 1, § 16.) Since the colony became á State numerous statutes for…

2Cases cited4 opinions

  1. Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
  2. Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881
  3. People ex rel. Shand v. TigheNew York Supreme Court · 1894
  4. Fox v. Mohawk & Hudson River Humane SocietyNew York Supreme Court · 1897

3Cited by3 opinions

  1. Hofer v. CarsonOregon Supreme Court · 1922
  2. In re Foote, New York County Courts1927
  3. Van Patten v. City of BinghamtonDistrict Court, N.D. New York · 2001

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API