Phelps v. Racey
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order affirming in part and reversing in part an order of Special Term upon demurrer to defendant’s answer. This action was brought to recover penalties imposed by the “ act for the preservation of game.” (Chap. 721, Laws of 1871.) The complaint contained three counts.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order affirming in part and reversing in part an order of Special Term upon demurrer to defendant’s answer. This action was brought to recover penalties imposed by the “ act for the preservation of game.” (Chap. 721, Laws of 1871.) The complaint contained three counts. The first alleged, that on the 15th March, 1873, defendant had in his possession and exposed for sale, in the city of New York, six quail; the second, that on the nineteenth March he had in his possession…
1Opinion of the Court
Church, Ch. J.
We concur with the conclusion arrived at by the Gleneral Term. With the policy of the statute in question we have no concern, but that the acts complained of, viz., having in possession certain game birds after the first of March, although killed prior to the prohibited time, or brought from another State where the killing was not prohibited, is within the restraint of the statute there can be no doubt. The seventh section declares that no person shall kill or expose for sale, or have in his or her possession after the same has been killed, any quail, between the first day of…
2Cases cited3 opinions
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- Perkins v. . SmithNew York Court of Appeals · 1889
- Rosenplanter v. Provident Sav. Life Assur. Soc. of New YorkCourt of Appeals for the Sixth Circuit · 1899
- Hardin v. OsborneIllinois Supreme Court · 1871
- Green v. CollinsU.S. Circuit Court for the District of Massachusetts · 1871
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