People v. Wait
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the County "Court of Rensselaer county in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 22d day of December, 1905, upon an order of the said" County Court, bearing date the 15th day of December, 1905, and entered in said clerk’s office pursuant to a decision of the court dismissing the complaint and also from the said order upon which the aforesaid…
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Appeal by the plaintiff, The People of the State of New York, from a judgment of the County "Court of Rensselaer county in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 22d day of December, 1905, upon an order of the said" County Court, bearing date the 15th day of December, 1905, and entered in said clerk’s office pursuant to a decision of the court dismissing the complaint and also from the said order upon which the aforesaid judgment was entered. The action was commenced in a Justice’s Court. Tiie summons was issued and served upon the…
1Opinion of the Court
Chester, J.:
Under subdivision 3 of section 2862 of the Code of Civil Procedure the justice of the, peace, before whom the action was originally tried, had jurisdiction of an action for a fine or penalty not exceeding $200. Although the penalty under section 39 of the Forest, Fish and Game Law (Laws of 1900, chap. 20, as amd. by Laws of 1904, chap. 580) for killing twelve partridges amounted to upwards of $200, yet the prayer for relief was only for that amount. It is not necessary, however, in this action to determine whether the complaint as originally filed brought the case within the…
2Cases cited2 opinions
- Barnes v. HarrisNew York Court of Appeals · 1850
- Woolley v. WilberNew York Supreme Court · 1847