Legal Opinion

People v. Deming

New York Court of Common Pleas

Decided January 15, 1857PublishedCited by 7 opinions

Appeal by plaintiffs from a judgment of the Second. District Court. This was an action to recover a penalty of thirty dollars, for a violation by the defendant of the ninth section of the get of 1847, concerning the pilotage of vessels in the East River.(a) The justice dismissed the complaint, upon the ground that the action should have been brought by the master.warden of the port of New York. The plaintiffs appealed.

1Opinion of the Court

Beady, J. —

The justice dismissed the complaint, upon the ground that the action should have been commenced in the name of the master warden of the port of New York; and although a variety of questions have been elaborately discussed, it is only necessary, for the purpose of determining this appeal, to pass upon the correctness of the judgment pronounced by the justice, for the reason assigned by him. It has not been considered necessary to present a review of the various statutes referred to in the arguments submitted, for the reasons Avhich will be stated. Leaving the earlier legislative…

2Cases cited3 opinions

  1. Crocker v. CraneNew York Supreme Court · 1839
  2. Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
  3. In re BrownNew York Supreme Court · 1839

3Cited by7 opinions

  1. People v. MalloryNew York Supreme Court · 1873
  2. Peck v. PeckNew York Court of Common Pleas · 1881
  3. People v. LevyNew York Court of General Session of the Peace · 1896
  4. Coulter v. MurrayNew York Court of Common Pleas · 1873
  5. Farley v. De WatersNew York Court of Common Pleas · 1867

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