Legal Opinion

Gifford v. Wiggins

Supreme Court of Minnesota

Decided July 7, 1892PublishedCited by 20 opinions

Appeal by plaintiff, George S. Gifford, from a judgment of the District Court of Kandiyohi County, Powers, J., entered January 18, 1892, against him upon the pleadings. The defendant, John H. Wiggins, made complaint December 9, 1890, before George Miller, a justice of the peace, that Gifford had violated an ordinance of the Village of Wilmar, prohibiting persons without a license, from peddling from house to house, goods not manufactured or grown in Kandiyohi county.

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Appeal by plaintiff, George S. Gifford, from a judgment of the District Court of Kandiyohi County, Powers, J., entered January 18, 1892, against him upon the pleadings. The defendant, John H. Wiggins, made complaint December 9, 1890, before George Miller, a justice of the peace, that Gifford had violated an ordinance of the Village of Wilmar, prohibiting persons without a license, from peddling from house to house, goods not manufactured or grown in Kandiyohi county. A warrant was issued and Gifford was arrested, tried, convicted and committed to the common jail. He obtained from a Judge of…

1Opinion of the CourtMitchell, J.

The material allegations of the complaint may be summarized as follows: The defendant made a complaint under oath to a justice of the peace in the village of Wilmar that plaintiff had violated the provisions of an ordinance of that village prohibiting peddling any goods, wares, merchandise, or other articles not manufactured or grown within the county of Kandiyohi without first having obtained a license therefor, and praying that the plaintiff might be arrested and dealt with according to law; that upon this complaint the justice issued a warrant, upon which the plaintiff was arrested and…

2Cases cited3 opinions

  1. Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
  2. Von Latham v. Libby & RowanNew York Supreme Court · 1862
  3. Murphy v. WaltersMichigan Supreme Court · 1876

3Cited by20 opinions

  1. Rush v. BuckleySupreme Judicial Court of Maine · 1905
  2. Smith v. ClarkUtah Supreme Court · 1910
  3. Rosvall v. ProvostSupreme Court of Minnesota · 1968
  4. Gogue v. MacDonaldCalifornia Supreme Court · 1950
  5. McIntosh v. Bullard, Earnheart & MagnessSupreme Court of Arkansas · 1910

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