Drew v. Hilliker
Supreme Court of Vermont
Action to recover the penalty provided in section 2 of No. 117 of the acts of 1882. Appeal from the City Court of Burlington. Heard on motion to dismiss, September Term, 1883, Tart, J., presiding. Judgment pro forma for the defendant.
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Action to recover the penalty provided in section 2 of No. 117 of the acts of 1882. Appeal from the City Court of Burlington. Heard on motion to dismiss, September Term, 1883, Tart, J., presiding. Judgment pro forma for the defendant. The defendant moved to dismiss for that (3) the City Court and the County Court did not have jurisdiction ; (2) that the plaintiff could not maintain the action in his own name as a common informer; (3) that the writ issued illegally against his body; and (4) that the statute in question is unconstitutional and void. The writ was properly issued against the…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This action is founded upon see. 2, No. Ill, acts of 1882, which, so far as applicable to the questions raised, réads as follows : '
*644“ All pound net, trap net, gill net, set net, and fyke fishing, or any other device for entrapping or ensnaring fish in the waters of Lake Champlain or of the rivers emptying into said lake, not to exceed ten miles from the mouth of said river, are hereby prohibited; and any person or persons who shall fish in said waters with any such pound nets, trap nets, gill nets, set nets, fykes, or any other device for…
2Cases cited2 opinions
- Town of Bennington v. ParkSupreme Court of Vermont · 1877
- Hubbell v. GaleSupreme Court of Vermont · 1830
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- State v. TheriaultSupreme Court of Vermont · 1898
- New England Trout & Salmon Club v. MatherSupreme Court of Vermont · 1895
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