Rogers v. Jones
New York Supreme Court
Error from the common pleas of the county of Queens, ■ jones, as supervisor of the town of Oyster-Bay. sued Rogers before a justice of the peace, for the recovery of a penally ol $12,50, created by a by-laxv of the town of Oyster-Bay, passed in town-meeting, on the 5th April, 1825, declaring “ that no person, not being an inhabitant of Oyster-Bay, shall be allowed to rake or take any oysters in the creeks or harbors of the town of Oyster-Bay, under the penalty of $12,50 for…
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Error from the common pleas of the county of Queens, ■ jones, as supervisor of the town of Oyster-Bay. sued Rogers before a justice of the peace, for the recovery of a penally ol $12,50, created by a by-laxv of the town of Oyster-Bay, passed in town-meeting, on the 5th April, 1825, declaring “ that no person, not being an inhabitant of Oyster-Bay, shall be allowed to rake or take any oysters in the creeks or harbors of the town of Oyster-Bay, under the penalty of $12,50 for each offence,” and giving the forfeiture to certain persons appointed to superintend the oystoring. The plaintiff…
1Opinion of the Court
By the Court,
Woodworth, J.
(After stating the pleadings and the evidence in the cause.) There is a written stipulation that this cause be decided on the merits. The pleadings are somewhat informal; but arising in a justice’s court, we are to consider the case in the same manner as if the plaintiff had stated all the facts of the case in bis declaration, and the defendant had demurred to the same. The justice gave judgment for the plaintiff. The defendant appealed to the common pleas, where the judgment of the justice was af *255firmed. We are now called. on to determine whether the plaintiff is…
2Cited by76 opinions
- People v. LewisNew York Court of Appeals · 1945
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Lowndes v. HuntingtonSupreme Court of the United States · 1894
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