People v. Bootman
New York Supreme Court
The complaint in this action consisted of nineteen counts, the first of which is as follows: “ For a first, separate and distinct cause of action, that the defendants were, during all the times hereinafter, and still are, copartners in trade and engaged ini business in the City and County of ¡New York, State of ¡¡Slew York, under the firm name and style of Bootman & Robinson; that heretofore, to wit, on the 23rd day of May, 1901, at the said City and County of ¡New York, the…
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The complaint in this action consisted of nineteen counts, the first of which is as follows: “ For a first, separate and distinct cause of action, that the defendants were, during all the times hereinafter, and still are, copartners in trade and engaged ini business in the City and County of ¡New York, State of ¡¡Slew York, under the firm name and style of Bootman & Robinson; that heretofore, to wit, on the 23rd day of May, 1901, at the said City and County of ¡New York, the defendants, copartners as aforesaid, unlawfully, wilfully and knowingly possessed four hundred and ninety-six (496)…
1Opinion of the CourtO’Gorman, J.
The statute under which this action is instituted extends over the entire State and is in no sense a local law. It was, therefore, unnecessary to recite or refer to the act in the complaint. The pleader was required only to allege facts bringing the case within the purview of the act, and this has been done. Section 1897 of the Code is inapplicable. The ' complaint accompanied the summons, and in such a case no reference to the statute need be indorsed upon the summons. The statute in question contains no exception within the. section of the act, and the complaint, therefore, does not offend…
2Cases cited1 opinion
- People v. . Buffalo Fish Co.New York Court of Appeals · 1900
3Cited by5 opinions
- People v. . BootmanNew York Court of Appeals · 1904
- People v. WilliamsSupreme Court of Colorado · 1916
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 1904
- People v. BootmanAppellate Division of the Supreme Court of the State of New York · 1904
- People v. FargoNew York Supreme Court · 1909