City of Titusville v. Brennan
Supreme Court of Pennsylvania
No. 121 July Term 1890, Sup. Ct.; court below, No. 26 September Term 1889, C. P To the number and term stated of the court below, there was entered by appeal of the defendant from the judgment of the city recorder of the city of Titusville, an action brought by said city against J. W. Brennan, to recover a penalty for the violation of a city ordinance.
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No. 121 July Term 1890, Sup. Ct.; court below, No. 26 September Term 1889, C. P To the number and term stated of the court below, there was entered by appeal of the defendant from the judgment of the city recorder of the city of Titusville, an action brought by said city against J. W. Brennan, to recover a penalty for the violation of a city ordinance. Certain testimony, certified by the city recorder as taken' before him, and a deposition of J. A. Shepard, taken before a commissioner at Chicago, having been placed on file, it was agreed by counsel in writing, that the facts appearing in the…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
There are two questions presented by this record. The first is, whether the court below was correct in finding as a fact that the defendant was a peddler. The other is whether, as a matter of law, the defendant is engaged in inter-state commerce, and is under the protection of the national government. If the defendant is a peddler, the law is settled in this state that he is not above the obligation to conform to the requirements of the laws of the state regulating the business of peddling. The legislature lias pronounced his business to be injurious in tendency,…
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