People v. M'Fadden
New York Supreme Court
This was an action brought for the recovery ofpenalties created by statute, for trespassing on lands belonging to the state, and cutting and carrying away timber growing thereon, tried at the Cayaga circuit in April, 1833, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action brought for the recovery ofpenalties created by statute, for trespassing on lands belonging to the state, and cutting and carrying away timber growing thereon, tried at the Cayaga circuit in April, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The statute under which the action was brought is in these words: “ Every person who shall trespass on any land belonging to the people of this state, or any Indian lands, by cutting or carrying away timber growing thereon, shall forfeit and pay the sum of twenty-five dollars for every tree that shall be cut or…
1Opinion of the Court
*398 By the Court,
Nelson, J.
Had the statute given the pen-ally in this case directed it “ to be recovered by action of debt,” there could have been no doubt that it would have teen competent to the pleader to have embraced in one count the cutting or carrying away of any number of trees, and to have recovered the amount of the penalties. He would, however, in such case, have been obliged to have set forth specially and accurately the facts bringing the defendant within the statute declared on. By a single count, thus framed, the defendant would be as fully apprised of the change against him, and…
2Cited by6 opinions
- People v. BuellAppellate Division of the Supreme Court of the State of New York · 1903
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Vallance v. KingNew York Supreme Court · 1848
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Wolverton v. LaceyDistrict Court, N.D. Ohio · 1856
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