Ely v. Bugbee
Supreme Court of Connecticut
Action of replevin for the possession of a motor-boat and fishing net which the defendant claimed to hold as a fish and game warden for the purpose of having them condemned or forfeited pursuant to the provisions of §3110 of the General Statutes, brought to and tried by the Court of Common Pleas in New London County, Waller, J., upon demurrer to the answer; the court sustained the demurrer, and upon the refusal of the defendant to plead further rendered judgment for the…
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Action of replevin for the possession of a motor-boat and fishing net which the defendant claimed to hold as a fish and game warden for the purpose of having them condemned or forfeited pursuant to the provisions of §3110 of the General Statutes, brought to and tried by the Court of Common Pleas in New London County, Waller, J., upon demurrer to the answer; the court sustained the demurrer, and upon the refusal of the defendant to plead further rendered judgment for the plaintiff for $75 damages, from which the defendant appealed. This action of replevin was brought to recover a motor-boat,…
1Opinion of the CourtBeach, J.
The State has an undoubted right, in the exercise of its police power, to seize implements used in taking or catching fish in violation of law, with a view to subjecting them to judicial condemnation and to sale or destruction by process of law. Lawton v. Steele, 152 U. S. 133, 14 Sup. Ct. 499. That is not denied, but the plaintiff claims that the possession of the defendant fish warden in this case is wrongful for the following reasons, which we take up in their order. First, because the fish warden took no steps to institute condemnation proceedings prior to the commencement of this…
2Cases cited2 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- State v. HartwickSupreme Court of Connecticut · 1881
3Cited by14 opinions
- Hartley v. VitielloSupreme Court of Connecticut · 1931
- C. J. Hendry Co. v. MooreSupreme Court of the United States · 1943
- State v. ReynoldsSupreme Court of Connecticut · 1924
- State v. MagnanoSupreme Court of Connecticut · 1922
- Jewish Home for Elderly of Fairfield County, Inc. v. CantoreSupreme Court of Connecticut · 2001
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