Legal Opinion

People v. Bootman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 2 opinions

Appeal by the plaintiff, The People of the State of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Rew York On the 12th day of December, 1903, upon- the dismissal of the complaint by direction of the court after a trial at the Rew York Trial Term, and also from an order entered in said clerk’s office on the 10th day of December, 1903, granting the defendants an additional .•allowance.

1Opinion of the Court

Ingraham, J.:

This action was brought to recover penalties for a violation of the Forest, Fish and Game Law (Laws of 1900, chap. 20, as amd.), the defendants being charged with the possession of various birds at different times between May 23, 1901, and June 1, 1901. The defendants demurred to this complaint and the demurrer was sustained as to counts 14 to 19 of the complaint inclusive and ovérruled as to counts 1 to 13 inclusive (40 Misc. Rep. 27). Both parties seem to have appealed to this court where the judgment below was affirmed without an opinion (72 App. Div. 619), and on a subsequent…

2Cases cited5 opinions

  1. Matter of Application of JacobsNew York Court of Appeals · 1885
  2. Forster v. . ScottNew York Court of Appeals · 1893
  3. People v. . Buffalo Fish Co.New York Court of Appeals · 1900
  4. People v. BootmanNew York Supreme Court · 1903
  5. People v. A. Booth & Co.New York Supreme Court · 1903

3Cited by2 opinions

  1. Peole ex rel. Silz v. HesterbergAppellate Division of the Supreme Court of the State of New York · 1905
  2. People v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1904

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