Toher v. Brawley

New York Court of Common Pleas

Toher v. Brawley

5 N.Y.S. 958, 25 N.Y. St. Rep. 1041, 1889 N.Y. Misc. LEXIS 2778

DecidedJune 27, 1889

StatusPublished

This text of 5 N.Y.S. 958 (Toher v. Brawley) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toher v. Brawley, 5 N.Y.S. 958, 25 N.Y. St. Rep. 1041, 1889 N.Y. Misc. LEXIS 2778 (N.Y. Super. Ct. 1889).

Pincite

Opinion

Peb Oubiam.

Whether or not the pound-master was included in the words “ those responsible for cattle, ” there is no "doubt that Toher was responsible. The governor having issued a proclamation, it is presumed to continue in force until authoritatively revoked, no matter what individuals may think of the necessity for its continuance. It was the duty of Toher to get a permit before he moved the cattle. Had the pound-master delivered those cattle for the purpose of being moved, Toher not having obtained the necessary permit, the pound-master would have been responsible as a participant in a misdemeanor. Toher’s removal of the cattle without obtaining a permit would have been a misdemeanor. Judgment reversed, and new trial ordered, costs to abide the event.

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Peb Oubiam.

Whether or not the pound-master was included in the words “ those responsible for cattle, ” there is no "doubt that Toher was responsible. The governor having issued a proclamation, it is presumed to continue in force until authoritatively revoked, no matter what individuals may think of the necessity for its continuance. It was the duty of Toher to get a permit before he moved the cattle. Had the pound-master delivered those cattle for the purpose of being moved, Toher not having obtained the necessary permit, the pound-master would have been responsible as a participant in a misdemeanor. Toher’s removal of the cattle without obtaining a permit would have been a misdemeanor. Judgment reversed, and new trial ordered, costs to abide the event.

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Bluebook (online)

5 N.Y.S. 958, 25 N.Y. St. Rep. 1041, 1889 N.Y. Misc. LEXIS 2778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toher-v-brawley-nyctcompl-1889.