Dunham v. Trustees of Rochester
New York Supreme Court
This cause came from a justice’s court of the county of Monroe. The action in the court below was debt by the trustees against D. andD. for keeping a huckster’s shop and ghi shop, in violation of the following by-laws of the village: “ ^ enacte(ij that all petty grocers, hucksters and victuallers, (public innkeepers excepted,) in said village, shall be licensed by the trustees of the same ; and every person keeping a grocer’s, huckster’s or victualling shop without such…
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This cause came from a justice’s court of the county of Monroe. The action in the court below was debt by the trustees against D. andD. for keeping a huckster’s shop and ghi shop, in violation of the following by-laws of the village: “ ^ enacte(ij that all petty grocers, hucksters and victuallers, (public innkeepers excepted,) in said village, shall be licensed by the trustees of the same ; and every person keeping a grocer’s, huckster’s or victualling shop without such license, shall, for each and every offence, for- and pay a fine of five dollars, for each and every day he, she or they…
1Opinion of the Court
Curia.
The question presented by this case, is, whether the trustees of the village of Rochester had authority to pass the by-laws in question.
The 5th section of the act incorporating the village of Rochesterville, (sess. 40. ch. 96,) provides that it shall be lawful for the trustees, &c. to make such prudential • bylaws, rules and regulations, as they, from time to time, may deem meet and proper; and such particularly as are relative to the public market, streets, alleys, highways, foot-walks, side walks, slaughter houses, houses of ill fame, and nuisances generally; relative to a village…
2Cited by17 opinions
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- City of St. Paul v. TraegerSupreme Court of Minnesota · 1878
- Hawes v.City of ChicagoIllinois Supreme Court · 1895
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