Trustees of Rochester v. Pettinger
New York Supreme Court
Error from the Monroe common pleas. Pettinger was sued in a justice’s court for a violation of an ordinance of the corporation forbidding the sale of fresh meat without license from the trustees. The ordinance, however, containing a proviso in favor of farmers and other persons, who were authorized to sell meat, the produce of their own farms or premises, within certain prescribed limits. The justice rendered judgment against him, and he appealed to the common pleas.
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Error from the Monroe common pleas. Pettinger was sued in a justice’s court for a violation of an ordinance of the corporation forbidding the sale of fresh meat without license from the trustees. The ordinance, however, containing a proviso in favor of farmers and other persons, who were authorized to sell meat, the produce of their own farms or premises, within certain prescribed limits. The justice rendered judgment against him, and he appealed to the common pleas. On the trial in that court, it was proved that the defendant resided about eight miles from Rochester; that his regular…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The court below erred in charging the jury that any person of any occupation who owned a pasture and fattened sheep upon it was a farmer, within the meaning of the ordinance, and had a right *152to vend meat within the proviso. The opinion seems to have regard to the first ordinance on the Subject, as thereby it was declared to be lawful for “ any farmer or other person.’’ &c., to sell under certain restrictions, meat, the produce of his farm; but the ordinance, for a violation of which this suit is brought, limits the exemption in the proviso to farmers alone; they may…
2Cited by5 opinions
- Henderson v. . Gill, Comr. of RevenueSupreme Court of North Carolina · 1948
- Chaddock v. DayMichigan Supreme Court · 1889
- State v. Carter.Supreme Court of North Carolina · 1901
- Curry v. ReevesSupreme Court of Alabama · 1940
- State v. Spaugh.Supreme Court of North Carolina · 1901