Josh v. Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simon Marshall, from a judgment of the County Court of the county of Monroe in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 14th day of September, 1897, upon the decision of the court, and also from the order directing the entry of said judgment. The action originated in a Justice’s Court in Monroe county.
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Appeal by the defendant, Simon Marshall, from a judgment of the County Court of the county of Monroe in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 14th day of September, 1897, upon the decision of the court, and also from the order directing the entry of said judgment. The action originated in a Justice’s Court in Monroe county. The complaint alleged that on the 21st day of May, 1896, the plaintiffs were the owners, and in possession, of a quantity of gill nets about 1,600 feet in length, which had been set. by them in the waters of Lake Ontario…
1Opinion of the Court
Ward, J.:
The disposition of this case involves a construction of the “ Fisheries, Game and Forest Law,” being chapter 488 of the Laws of ■1892, as amended to- January 1, 1896. The. sections of that law particularly applicable here,-as they stood at the time that'the nets were .taken by the defendant, who was a special game, and fish protector, are the following:
“ § 132. Ho fish shall be fished for, caught or killed in any man•mer or by any device, except angling,. * * * in Lake Ontario, within one mile of the shore, nor of any island therein.”
“ § 134.. The meshes of nets used in, * * • * Lake…
2Cases cited3 opinions
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Hudson Iron Co. v. . AlgerNew York Court of Appeals · 1873
- Palmer v. AldridgeNew York Supreme Court · 1852
3Cited by3 opinions
- Fahey v. WrightAppellate Division of the Supreme Court of the State of New York · 1939
- State v. SchmidtWashington Supreme Court · 1924
- Townley v. BruckmanNew York Supreme Court · 1938