Commonwealth v. Vandyke
Superior Court of Pennsylvania
Appeal, No. 43, Oct. T., 1900, by defendant in a suit of commonwealth of Pennsylvania, by Levi Wells, dairy and food commissioner, against J. K. Vandyke, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1899, No. 226, overruling demurrer to statement. Per Curiam. Appeal from judgment of magistrate.
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Appeal, No. 43, Oct. T., 1900, by defendant in a suit of commonwealth of Pennsylvania, by Levi Wells, dairy and food commissioner, against J. K. Vandyke, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1899, No. 226, overruling demurrer to statement. Per Curiam. Appeal from judgment of magistrate. It appears from the record that the proceeding was instituted by the dairy and food commissioner to recover a penalty of $ 100 under the provisions of the act of assembly of May 5, 1899, before a magistrate. Judgment having been entered in favor of the commonwealth, an appeal was taken by…
1Opinion of the Court
Per Curiam,
The question raised by the demurrer in the court below was-whether it is lawful for a person to sell oleomargarine in the.original package brought into this state from another state “which is an imitation of yellow butter produced from pure-unadulterated milk or cream of the same and containing coloring matter, and is not free from coloration or ingredients that-cause it to look like butter, which said coloring matter is the same as that used in the coloring of pure butter and is not deleterious to health.” It is undisputed that this is a violation of' *491the Act of May 5, 1899, P. L.…
2Cases cited4 opinions
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
- Collins v. New HampshireSupreme Court of the United States · 1898
- Commonwealth v. HuntleyMassachusetts Supreme Judicial Court · 1892
3Cited by8 opinions
- Commonwealth v. SchollenbergerSuperior Court of Pennsylvania · 1901
- Commonwealth v. MelletSuperior Court of Pennsylvania · 1905
- Commonwealth v. DiefenbacherSuperior Court of Pennsylvania · 1900
- Commonwealth v. McDermottSuperior Court of Pennsylvania · 1908
- Commonwealth v. SeilerSuperior Court of Pennsylvania · 1902
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