Legal Opinion

Rollins v. Breed

New York Supreme Court

Decided November 15, 1889PublishedCited by 1 opinion

Appeal from Chenango county court. Action by Thomas J. Rollins, as game constable of the town of McDonough, against Merritt Breed, for statutory penalties for catching black bass. A judgment for plaintiff by the justice of the peace before whom the action was brought was affirmed by the county court, and defendant appeals.

1Opinion of the CourtMerwin, J.

By section 21, c. 534, Laws j.879, as amended by Laws 1887, c. 619, it is provided, among other things, that, between the 1st day of January and the 13th day of May, no person shall catch or kill any black bass in any waters of the state, excepting certain named localties not important here, and that “any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a. penalty of ten dollars for each fish.” By section 33 it is provided that all penalties imposed by the act may be recovered by any person in his own…

2Cases cited7 opinions

  1. Coffey v. United StatesSupreme Court of the United States · 1886
  2. People v. StevensNew York Supreme Court · 1835
  3. Behan v. . the PeopleNew York Court of Appeals · 1858
  4. United States v. McKeeU.S. Circuit Court for the District of Eastern Missouri · 1877
  5. Blatchley v. Moser & BarkerlooNew York Supreme Court · 1836

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3Cited by1 opinion

  1. City of New York v. WilliamsNew York City Court · 1905

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