Court: |
Supreme Court of NY |
|
Facts: |
Post is out hunting with his dogs, sees a fox, and is chasing it. Pierson
snatches up the fox in Post's sight. |
|
Posture: |
Initial judgment for Post, Pierson appeals. |
|
Issue: |
What does it take to "possess" a wild animal. |
|
Holding: |
Pierson wins. |
|
Rule: |
Possession is limited to occupancy. |
|
Reasoning: |
Not much. Both sides cite ancient (literally) precedent, both claim
efficiency as a virtue. Dissent raises a specious economic
argument, claiming that fox eradication is the primary motivation
for keeping hounds, etc. |
|
Dicta: |
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