Schoonmaker v. Brooks
New York Supreme Court
Appeal from a judgment of the Sullivan County Court, affirming a judgment in favor of the plaintiff, rendered in a Justice’s Court. The action was brought to recover a penalty for allowing cattle and other animals to run at large upon a highway.
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Appeal from a judgment of the Sullivan County Court, affirming a judgment in favor of the plaintiff, rendered in a Justice’s Court. The action was brought to recover a penalty for allowing cattle and other animals to run at large upon a highway. The summons issued by the justice required the defendant to appear before him, at his office, at a time specified, “to answer Smith Schoonmaker, in a civil action for penalty for letting cattle run at large on highway, to his damage of two hundred dollars or under.”
1Opinion of the Court
Bockes, J.:
The action was brought for the recovery of penalties given by statute; but the process issued for the purpose of compelling the appearance of the defendant was not indorsed in strict conformity *554to section I of title 6, part 3, chapter 8, article 1 of the Revised Statutes (2 R. S., p. 481).
This provision of law is not repealed by the Code of Procedure. The intimation to the contrary in The People v. Bull (10 Jones & Spencer, 19, 20) is, as we think, without foundation. 'It is not repealed by any express reference to it, declaring it repealed; nor is it repealed by implication, as…
2Cases cited6 opinions
- Avery v. SlackNew York Supreme Court · 1837
- Perry v. TynenNew York Supreme Court · 1856
- People v. BrooksNew York Supreme Court · 1847
- Cox v. New York Central & Hudson River RailroadNew York Supreme Court · 1872
- Snook v. FriesNew York Supreme Court · 1855
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