Legal Opinion

Commonwealth v. Rearick

Superior Court of Pennsylvania

Decided October 17, 1904No. Appeal, No. 171PublishedCited by 1 opinion

Appeal, No. 171, Oct. T., 1903, by defendants from judgment of Q. S. Northumberland Cq., affirming judgment of justice of the peace in case of Commonwealth v. N. L. Rearick. Appeal from judgment of justice of the peace. The facts appear by the opinion of the Superior Court. Error assigned was order affirming judgment of the justice of the peace.

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Appeal, No. 171, Oct. T., 1903, by defendants from judgment of Q. S. Northumberland Cq., affirming judgment of justice of the peace in case of Commonwealth v. N. L. Rearick. Appeal from judgment of justice of the peace. The facts appear by the opinion of the Superior Court. Error assigned was order affirming judgment of the justice of the peace. The delivery of the goods to a buyer at his residence in one state, that have been sent, in pursuance of contract, by a seller in another state, is interstate commerce and subject to no state or local burdens, the right to solicit orders implies the…

1Opinion of the Court

Opinion by

Portee, J.,

The defendant was convicted under the provisions of 'an ordinance of the borough of Sunbury requiring all “ persons who sell at retail, by sample or otherwise, or solicit orders at retail, or deliver at retail, either on the streets or by traveling from house to house within the limits of the borough of Sunbury, any books, paintings, foreign or domestic goods, wares, merchandise or fruits, not of their own manufacture or production, without first obtaining from the chief burgess of the borough of Sunbury a license for such purpose ; ” and imposing a penalty for “ selling,…

2Cases cited21 opinions

  1. Brown v. MarylandSupreme Court of the United States · 1827
  2. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  3. Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
  4. Leisy v. HardinSupreme Court of the United States · 1890
  5. Powell v. PennsylvaniaSupreme Court of the United States · 1888

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3Cited by1 opinion

  1. Citizens' Wholesale Supply Co. v. SnyderCourt of Appeals for the Third Circuit · 1913

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