People v. O'Neil
New York Supreme Court
Appeal from special term, Columbia county. Action by the people of the state of New York against John O’Neil to recover certain penalties for the violation of the laws of the state with reference to the preservation of fish and game. Defendant appeals from an order denying his motion to set aside the summons. Code Civil Proc.
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Appeal from special term, Columbia county. Action by the people of the state of New York against John O’Neil to recover certain penalties for the violation of the laws of the state with reference to the preservation of fish and game. Defendant appeals from an order denying his motion to set aside the summons. Code Civil Proc. N. Y. § 1897, provides that in an action to recover a penalty of forfeiture given by statute, if a copy of the complaint is not delivered to defendant with a copy of the summons, a general reference to the statute must be indorsed upon the copy of the summons so…
1Opinion of the CourtPutnam, J.
The action was brought by the people of the state under sections 2, 3, c. 577, Laws 1888. A motion was made to set aside the summons on tile ground that it was not properly indorsed, as required by section 1897 of the Civil Code, and denied, at special term; and this is an appeal from the order denying such motion.
It is not denied that, if this is a case requiring an indorsement under said section of the Code, the indorsement made was not a compliance with the statute. Section 1897 is contained in article 3, tit. 4, c. 15, of the Civil Code, said article containing six sections, from 1893 to…
2Cases cited3 opinions
- In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
- Jones v. . SheldonNew York Court of Appeals · 1872
- Mayor v. WoodNew York Court of Common Pleas · 1889
3Cited by4 opinions
- City of Buffalo v. George P. Ray Manufacturing Co.New York Supreme Court · 1910
- Howe's Cave Lime & Cement Co. v. Howe's Cave Ass'nNew York Supreme Court · 1895
- Burdick v. Erie Railroad, New York County Courts1903
- Hellwig v. BlumenbergNew York Supreme Court · 1889