In re Bernardi
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Joseph H. Bernardi, as treasurer of the city, of Schenectady, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Schenectady on the 4th day of February, 1909, denying the petitioner’s motion for a peremptory writ of mandamus to require the city clerk of Schenectady to pay into the city treasury fees received by him for- issuing licenses under section 104 of the Forest, Fish…
Read the full summary
Appeal by the petitioner, Joseph H. Bernardi, as treasurer of the city, of Schenectady, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Schenectady on the 4th day of February, 1909, denying the petitioner’s motion for a peremptory writ of mandamus to require the city clerk of Schenectady to pay into the city treasury fees received by him for- issuing licenses under section 104 of the Forest, Fish and Game Law. ..
1Opinion of the Court
Cochrane, J.:
The question in controversy is whether the city clerk of the city of Schenectady may retain for his own use the clerk’s fees received by him for issuing licenses under section 104 of the Forest, Fish and Game Law (Laws of 1908, chap. 130), or whether such fees must be paid by him into the city treasury..
Said section 104 provides that no person shall use a gun for hunting except as provided in the act without first having procured a license from any county, city or town cleric, which said license shall bear the signature of the Forest, Fish and Game Commissioner, “ and the seal of…
2Cases cited7 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
- People v. NeffAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Williams v. County CourtAppellate Division of the Supreme Court of the State of New York · 1905
- Reynolds v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Livonia v. ClarkMichigan Court of Appeals · 1968
- In re McCabeNew York Supreme Court · 1924
- People ex rel. Wheeler v. HolmesNew York Supreme Court · 1912