Legal Opinion

People v. . Bradford

New York Court of Appeals

Decided July 15, 1919PublishedCited by 15 opinions

Appeal from a judgment entered May 7, 1917, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred in dismissing the complaint.

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Appeal from a judgment entered May 7, 1917, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred in dismissing the complaint. (Harris v. White, 81 N. Y. 532.) The Appellate Division was correct in its application of the rule of pleading resulting in a dismissal of the complaint. (People v. Lupton, 52 Misc. Rep. 336; Molloy v. Village of Briar Cliff Manor,…

1Opinion of the Court

Hiscock, Ch. J.

This action was brought to recover a penalty for the alleged violation of section 185 of the Conservation Law (Cons. Laws, ch. 65) by defendant through refusal to exhibit a license permitting him to hunt.

The provisions of the statute on which the prosecution rests and under which the qúestion presented to us is to be decided provide as follows: “ Hunting and Trapping License. Subdivision 1. License required. No person or persons shall at any time hunt, pursue or kill with a gun any wild animals * * * or engage in hunting or trapping except as herein provided without first…

2Cases cited4 opinions

  1. United States v. CookSupreme Court of the United States · 1872
  2. Harris v. . WhiteNew York Court of Appeals · 1880
  3. Rowell v. . JanvrinNew York Court of Appeals · 1896
  4. People v. . StedekerNew York Court of Appeals · 1903

3Cited by15 opinions

  1. People v. KohutNew York Court of Appeals · 1972
  2. People v. DavisNew York Court of Appeals · 2009
  3. Lightbody v. RussellNew York Court of Appeals · 1944
  4. People v. SandgrenNew York Court of Appeals · 1951
  5. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1985

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