Garman v. Gamble
Supreme Court of Pennsylvania
ERROR to the common pleas of Somerset county. George Gamble against Joseph Garman. This was an action of debt which originated before a justice of the peace to recover a penalty of five dollars, for a violation of the act of April 9, 1834, relative to killing fish in Stoney creek. The provisions of the act are recited in the opinion of the court.
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ERROR to the common pleas of Somerset county. George Gamble against Joseph Garman. This was an action of debt which originated before a justice of the peace to recover a penalty of five dollars, for a violation of the act of April 9, 1834, relative to killing fish in Stoney creek. The provisions of the act are recited in the opinion of the court. The justice rendered a judgment for the plaintiff; and the case was removed into the common pleas by certiorari, and the court reversed the judgment, on the ground that a previous conviction was essential to the right of recovery against the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This was an action of debt to recover a penalty of five dollars, imposed by the act of April 9, 1834. It was a summons or demand, not exceeding 100 dollars, for using poisonous substances to kill fish in Stoney creek, contrary to the act of assembly, &c. The parties appeared, and on hearing the justice rendered *383judgment for five dollars, and costs of suit, one-half to be paid to the prosecutor, and one-half to the borough supervisor. The legislature after defining the offence, proceed as follows: — “ Such person or persons so offending, on…
2Cases cited1 opinion
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1826
3Cited by3 opinions
- Commonwealth ex rel. Riley v. HudockSuperior Court of Pennsylvania · 1908
- County of Fulton v. TateSupreme Court of Pennsylvania · 1864
- Commonwealth v. JohnsonClinton County Court of Quarter Sessions · 1924