Legal Opinion

Incorporated Village v. Boercher

Ohio Circuit Courts

Decided October 15, 1890Published

Error' to the Court of Common Pleas of Miami County. The original action was commenced before a justice of the peace. Fred. Boercher, who was plaintiff below, for his cause of action against The Incorporated Village of Tippecanoe, alleges in his petition “ that said village is a duly organized municipal corporation.

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Error' to the Court of Common Pleas of Miami County. The original action was commenced before a justice of the peace. Fred. Boercher, who was plaintiff below, for his cause of action against The Incorporated Village of Tippecanoe, alleges in his petition “ that said village is a duly organized municipal corporation. That Boercher at the time of the injury complained of was, and for some years before had been, engaged in the business of buying and slaughtering hogs and' cattle in this county, which business required the application skill, labor, capital and machinery. That he bought said of…

1Opinion of the CourtShearer, J.

The question presented requires the construction of sec. 2669 of the Revised Statutes, which provides: “ Sec. 2669. The *8council of any city, or village may provide by. ordinance for licensing . * * * hawkers, peddlers, * * * and hucksters in the public streets or markets, and in granting such license, may exact and receive such sum of money ,as it may deem reasonable; but nothing in this section shall be construed to authorize any municipal' corporation to require of ‡ * the manufacturer of any article manufactured by him, license to vend or sell in any way, by himself or agent, any such…

2Cases cited4 opinions

  1. Hartranft v. WiegmannSupreme Court of the United States · 1887
  2. Byers v. Franklin Coal Co.Massachusetts Supreme Judicial Court · 1870
  3. Hittinger v. Inhabitants of WestfordMassachusetts Supreme Judicial Court · 1883
  4. The People v. . N.Y. Floating Dry-Dock Co.New York Court of Appeals · 1883

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