People v. Brooks
New York Supreme Court
Debt, for a penalty of $100. The declaration contained a single count, -which alleged that the defendant “heretofore, to wit, on, &c. at, The cause was tried in July, 1844, at the New-York circuit, before Kent, late C. Judge.
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Debt, for a penalty of $100. The declaration contained a single count, -which alleged that the defendant “heretofore, to wit, on, &c. at, The cause was tried in July, 1844, at the New-York circuit, before Kent, late C. Judge. The plaintiffs proved that the defendant was the master of the steamboat Nimrod, which plied between Bridgeport, Connecticut, and the city of New-York, and that the boat, with the defendant as master, on board, arrived at the city of New-York in January, 1844; that after her arrival the president of the trustees of the “ Seaman’s fund and retreat” demanded of the…
1Opinion of the CourtBeardsley, J.
In penal suits, unless a general form of declaring is expressly authorized by statute, the declaration must set forth the particular acts or omissions which constitute the cause of action and by which the alleged penalty was incurred. This is the invariable rule. (1 Chit. Pl. 405; Cole v. Smith, 4 John. 193; Bigelow v. Johnson, 13 id. 428; Collins v. Ragrew, 15 id. 5.) But we have a statute which dispenses, in such cases, with any statement in the declaration of the “ special matter,” and makes it sufficient to allege the defendant’s indebtedness “ in the amount of such penalty or forfeiture,…
2Cases cited4 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Brown v. MarylandSupreme Court of the United States · 1827
- Mayor of New York v. MilnSupreme Court of the United States · 1837
- Cole v. SmithNew York Supreme Court · 1809
3Cited by10 opinions
- Cox v. CollectorSupreme Court of the United States · 1871
- Howser v. MelcherMichigan Supreme Court · 1879
- Henderson v. . SpoffordNew York Court of Appeals · 1874
- Parker Mills v. JacotThe Superior Court of New York City · 1861
- Kee v. McSweeneyNew York Supreme Court · 1883
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