Fleet v. Hegehan
New York Supreme Court
Ekkok from the Queens common pleas. Fleet sued Hegeman and two others in an action of trespass in a justice’s court for taking and carrying away 2000 oysters, the goods and chattels of the plaintiff. The defendants pleaded the general issue. The cause was tried by a jury, and a verdict found for the defendants, on which the justice rendered judgment.
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Ekkok from the Queens common pleas. Fleet sued Hegeman and two others in an action of trespass in a justice’s court for taking and carrying away 2000 oysters, the goods and chattels of the plaintiff. The defendants pleaded the general issue. The cause was tried by a jury, and a verdict found for the defendants, on which the justice rendered judgment. The plaintiff sued out a certiorari, returnable in the common pleas of Queens ; which court affirmed the judgment of the justice. Whereupon the plaintiff re moved the record into this court by writ of error. From the return of the justice, it…
1Opinion of the Court
By the Court,
Nelson, J.
It has before been decided that the right of fishing in this harbor or bay, belonged exclusively to the inhabitants of the town of Oyster Bay, derived by grant from *45the crown of England. Rogers v. Jones, 1 Wendell, 237. In that case, Rogers was sued for a penalty created by a bylaw of the town, declaring that “ no person, not being an inhabitant of Oyster Bay, shall be allowed to rake or take any oysters in the creeks or harbors of the town, under the penalty of $12,50 for each offence.” He had entered the harbor or bay, and caught and carried away a quantity of…
2Cases cited2 opinions
- Rogers v. JonesNew York Supreme Court · 1828
- Pierson v. PostNew York Supreme Court · 1805
3Cited by25 opinions
- Smith v. MarylandSupreme Court of the United States · 1855
- People v. . MorrisonNew York Court of Appeals · 1909
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Decker v. FisherNew York Supreme Court · 1848
- Hickey v. HazardMissouri Court of Appeals · 1877
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