People v. Bennett
New York Supreme Court
This suit was brought against Michael Bennett to recover the statute penalty of $50, for a violation of section 21 of the Metropolitan Police Law (2 Laws of 1857, 200, ch. 569). The complaint was drawn in the short form authorized by the provisions of the Revised Statutes, and the summons was for a money demand. The defendant moved to set aside the complaint for irregularity, in that it varied from the summons.
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This suit was brought against Michael Bennett to recover the statute penalty of $50, for a violation of section 21 of the Metropolitan Police Law (2 Laws of 1857, 200, ch. 569). The complaint was drawn in the short form authorized by the provisions of the Revised Statutes, and the summons was for a money demand. The defendant moved to set aside the complaint for irregularity, in that it varied from the summons. The same motion was made in each of three hundred other suits brought against other defendants, for violations of the same act.
1Opinion of the CourtBirdseye, J.
—In Morehouse a. Crilley (8 How. Pr. R., 431), Mr. Justice Barculo held that the Code (§ 140) had abrogated the provisions of the Revised Statutes (2 Rev. Stats., 482, §10), specially authorizing a declaration for offences against a penal, statute, to allege the words of and refer to the statute, without setting forth the special matter. And for this reason he sustained a demurrer to a complaint for the recovery of penalties for violations of these excise laws, because it did not set forth specially the facts constituting the cause of action.
But, in the opinion in that case, no reference was…
2Cases cited2 opinions
- Almy v. HarrisNew York Supreme Court · 1809
- Smith v. MerwinNew York Supreme Court · 1836
3Cited by1 opinion
- Abbott v. New York CentralThe Superior Court of New York City · 1872