Caldwell v. City of Alton
Illinois Supreme Court
Appeal from the City Court of Alton. This was a prosecution against Calvin D. Caldwell, in the court below, for selling vegetables at his regular place of business in the city of Alton, outside of the market limits, during market hours, in violation of an ordinance “to establish and regulate markets,” &c. The court below found for the city, and thereupon the defendant sued out this writ of error.
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Appeal from the City Court of Alton. This was a prosecution against Calvin D. Caldwell, in the court below, for selling vegetables at his regular place of business in the city of Alton, outside of the market limits, during market hours, in violation of an ordinance “to establish and regulate markets,” &c. The court below found for the city, and thereupon the defendant sued out this writ of error. The question presented upon the record is, whether the power conferred upon the common council to establish and regulate markets, authorized them to restrain the defendant in carrying on his regular…
1Opinion of the CourtJustice Bbeese
This case comes before this court on the following agreed state of facts: That the charter of the city of Alton provides that its common council shall have the power to establish and regulate markets; that the council did, in pursuance of this provision, pass an ordinance prohibiting, during market hours, the sale of vegetables outside of the limits of the market; that the plaintiff in error sold vegetables at his store and regular place of business during market hours, the store being beyond and outside the limits of the market; that the plaintiff in error was, at the time of so selling, a,…
2Cases cited3 opinions
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