People v. . Alden
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 28, 1888, which affirmed an order of Special Term denying a motion for an order striking out of the judgment herein costs awarded to defendant against the county of Warren. This action was brought by the "district attorney of the county o"f Warren to recover penalties under the act (Chap. 557, Laws of 1885), for the alleged violations of said act.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 28, 1888, which affirmed an order of Special Term denying a motion for an order striking out of the judgment herein costs awarded to defendant against the county of Warren. This action was brought by the "district attorney of the county o"f Warren to recover penalties under the act (Chap. 557, Laws of 1885), for the alleged violations of said act. The complaint was dismissed on the ground that the cause of action was extinguished by the repeal of said act by chapter 194, Laws of 1886,…
1Opinion of the CourtAndrews, J.
The validity of the judgment for costs awarded against the county of Warren on the dismissal of the complaint, depends upon section 3243 of the Code of Civil Procedure, that is to say, upon the question whether an action to recover a penalty under the game laws, brought by the district attorney of the county, is an action “ to recover money or property, or to establish a right or claim for the benefit of a county ” within the purview of that section. Section 33 of chapter 534 of the act of 1879, for the preservation of game, makes it the duty of a district attorney to commence an action in…
2Cited by8 opinions
- County of Albany v. . HookerNew York Court of Appeals · 1912
- Vitto v. KeoganAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Fargo v. RosendaleNew York Supreme Court · 1894
- People v. HodnetNew York Supreme Court · 1894
- People v. SmithNew York Supreme Court · 1892
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