Legal Opinion

People v. . Bootman

New York Court of Appeals

Decided December 6, 1904PublishedCited by 29 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 24, -1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. Also appeal from an order of said Appellate Division affirming an order which granted defendants an extra allowance of costs. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the Court

Vann, J.:

This action was brought to recover penalties to the amount of $1,168,315 for alleged violations of the Forest, Fish and Game Law in that during the close season of 1901 the defendants had in their possession 7,560 grouse; 4,835 quail; 1,776 ducks; 8,848 plover; 7,108 snipe; 8,328 snow buntings; 1,008 reed birds; 7,607 sand pipers; 788 yellow legs and 96 woodcock.

Six out of the nineteen counts of the complaint were disposed of by demurrer, which reduced the amount involved to about $325,000 (40 Misc. Rep. 27; 72 App. Div. 619; 173 N. Y. 622) ; and this sum was reduced by concession to…

2Cases cited15 opinions

  1. Lawton v. SteeleSupreme Court of the United States · 1894
  2. Geer v. ConnecticutSupreme Court of the United States · 1896
  3. In Re RahrerSupreme Court of the United States · 1891
  4. McCready v. VirginiaSupreme Court of the United States · 1877
  5. Lawton v. . SteeleNew York Court of Appeals · 1890

10 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1908
  2. A. E. Nettleton Co. v. DiamondNew York Court of Appeals · 1970
  3. General Electric Co. v. Masters, Inc.New York Court of Appeals · 1954
  4. People Ex Rel. Hill v. . HesterbergNew York Court of Appeals · 1906
  5. People v. . ClairNew York Court of Appeals · 1917

24 more not listed; retrieve them via the Exa API.

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