Legal Opinion

People v. Smith

Michigan Supreme Court

Decided March 5, 1907No. Docket No. 128PublishedCited by 10 opinions

Error to Ionia; Davis, J. Isaac J. Smith was convicted of peddling, without a license, and sentenced to pay a fine of $5.00 and costs or in default thereof to 10 days’ imprisonment in the county jail.

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Error to Ionia; Davis, J. Isaac J. Smith was convicted of peddling, without a license, and sentenced to pay a fine of $5.00 and costs or in default thereof to 10 days’ imprisonment in the county jail. Respondent was convicted of a violation of an ordinance of the city of Ionia, which requires hawkers and peddlers to procure and to pay for a license, and has been sentenced to pay a fine of $5 and $17.40 costs, and, in default of such payment, to be committed to the county jail until the fine is paid, but not for a period longer than 10 days. Respondent having brought the case to this court on…

1Opinion of the CourtOstrander, J.

(after stating the facts). For reasons given in the opinion above referred to, the specific *396findings of fact and law made by the court below are not considered. The finding that respondent is guilty, as charged, is treated as a general verdict.

That respondent was a peddler seems not to be disputed. His first contention, which is that because the ordinance in terms excepts persons selling vegetables, fish, meat, or farm produce, and bakers who deliver bread and pastry to customers, from its provisions, it is therefore invalid, is ruled against him by People v. Sawyer, 106 Mich. 428. See, also,…

2Cases cited15 opinions

  1. Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
  2. Brennan v. TitusvilleSupreme Court of the United States · 1894
  3. Austin v. TennesseeSupreme Court of the United States · 1900
  4. Emert v. MissouriSupreme Court of the United States · 1895
  5. MacHine Co. v. GageSupreme Court of the United States · 1880

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3Cited by10 opinions

  1. McKnight v. HodgeWashington Supreme Court · 1909
  2. Ex parte BylesSupreme Court of Arkansas · 1910
  3. H. L. Carpel of Richmond, Inc. v. City of RichmondSupreme Court of Virginia · 1934
  4. City of Newport v. French Bros. Bauer Co.Court of Appeals of Kentucky · 1916
  5. State v. WebberSupreme Court of Missouri · 1908

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