People v. . Tanner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11, 1891, which affirmed a judgment in favor of defendant entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The catching of suckers was within the prohibition of the statute.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11, 1891, which affirmed a judgment in favor of defendant entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The catching of suckers was within the prohibition of the statute. (Laws of 1879, chap. 534, § 23; Potter’s Dwarris on Stat. 128.) Where acts are in pari materia, if the same words be used in both statutes, a distinction made in one is a legislative exposition of the sense in which it is to be understood in the…
1Opinion of the Court
Ruger, Ch. J.
This appeal calls for a construction by the court of the meaning of section 23 of chapter 534 of the Laws of 1879, as amended by chapter 127 of the Laws of 1884, relating to the subject of fishing in the fresh waters of the state with nets and other devices. The action is brought for the recovery of two penalties for a violation of the provisions of section 23 and 24, respectively, of the act referred to. The prohibitory portion of section 23, claimed to have been violated, reads as follows : “ No person shall kill or catch, or attempt to kill or catch any fish except minnows,…
2Cited by3 opinions
- Jarrard v. BissellNew York Supreme Court · 1889
- Jenkins v. StateCourt of Criminal Appeals of Texas · 1910
- People v. FargoNew York Supreme Court · 1909