(Download) "Horst v. Staley" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Horst v. Staley
- Author : Supreme Court of Montana
- Release Date : January 20, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
DAMAGES รข€” GAME รข€” OFFICERS รข€” STATUTES รข€” STIPULATIONS. 1. Penalties รข€” Penalties not favored. Penalties are not favored, and penal statutes must be strictly construed and will not be extended by construction. 2. Game รข€” Effect of failure to fill out game tag. Where deer was lawfully killed by plaintiff, who failed to fill out the proper tag attached to his hunting license and to attach it to the carcass, the deer was not unlawfully possessed by plaintiff and the game warden was unauthorized, upon arresting plaintiff for failure to attach tag to carcass, to seize and confiscate the carcass. 3. Game รข€” Statute no defense to officer. The statute providing that no officer shall be liable for damages on account of any search or seizure has reference only where the officer has the right to seize property, and afforded no defense to an officer confiscating carcass of a deer which was properly killed in open territory and by one with a license. 4. Stipulations รข€” Plaintiff did not stipulate himself out of court. In action against game warden for confiscation of a deer carcass, plaintiff stipulating that the defendant in confiscating the carcass was acting in his capacity as deputy game warden did not stipulate himself out of court and stipulation meant only that defendant purported to act in his capacity as game warden.