Legal Opinion
Arnett v. Five Gill Nets
California Court of Appeal
Decided October 21, 1971No. Civ. 29109PublishedCited by 7 opinions
1Opinion of the Court
Opinion
CHRISTIAN, J.
Raymond Mattz appeals from a judgment ordering forfeiture under Fish and Game Code section 8630 of five nylon gill nets belonging to him. The nets had been seized by a state game warden at a point on the Smith River within one mile of its confluence with the Klamath River. The seizure occurred on land owned by a lumber company, less than 20 miles from the mouth of the Klamath.
Appellant intervened and resisted the petition for forfeiture, asserting that he was an enrolled Indian fishing on Indian country and that the statutory prohibition against the use of gill nets was…
2Cases cited5 opinions
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Seymour v. Superintendent of Washington State PenitentiarySupreme Court of the United States · 1962
- Elser v. Gill Net Number OneCalifornia Court of Appeal · 1966
- State ex rel. Best v. Superior CourtWashington Supreme Court · 1919
- United States v. Forty-Eight Pounds of Rising Star TeaDistrict Court, N.D. California · 1888
3Cited by7 opinions
- Mattz v. ArnettSupreme Court of the United States · 1973
- Quechan Tribe of Indians v. RoweDistrict Court, S.D. California · 1972
- Mattz v. Superior CourtCalifornia Supreme Court · 1988
- Cal. Dept. of Tax and Fee Administration v. Super. Ct.California Court of Appeal · 2020
- Mattz v. Superior CourtCalifornia Supreme Court · 1988
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