Legal Opinion

State v. Finch

Supreme Court of Minnesota

Decided November 17, 1899No. Nos. 11,855—(25)PublishedCited by 15 opinions

Appeal by defendant from a judgment of the municipal court of Minneapolis adjudging him guilty of violation of an ordinance “licensing and regulating' hackmen, draymen, expressmen,” etc., after a trial before Kerr, J. The complaint is insufficient. The business, as carried on' by defendant, was not properly subject to police regulation. In Matter of Jacobs, 98 N. Y. 98; State v. Robinson, 42 Minn. 107. The ordinance is not equal or uniform.

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Appeal by defendant from a judgment of the municipal court of Minneapolis adjudging him guilty of violation of an ordinance “licensing and regulating' hackmen, draymen, expressmen,” etc., after a trial before Kerr, J. The complaint is insufficient. The business, as carried on' by defendant, was not properly subject to police regulation. In Matter of Jacobs, 98 N. Y. 98; State v. Robinson, 42 Minn. 107. The ordinance is not equal or uniform. Moore v. City of St. Paul, 48 Minn. 331; Moore v. City of St. Paul, 61 Minn. 427. The council had no right to pass such an ordinance. Authority must…

1Opinion of the CourtMitchell, J.

The defendant was charged with, and convicted of, using and causing to be used upon the streets of the city of Minneapolis, in carrying baggage and freight for hire, a vehicle commonly called an “express wagon” (he being then and there a person engaged in carrying baggage and freight for hire), without having first obtained a license so to do, contrary to the provisions of an ordinance of the city entitled “An ordinance licensing and regulating hack-men, draymen, expressmen and other persons engaged in carrying passengers, baggage and freight; regulating their charges and prescribing standing…

2Cited by15 opinions

  1. Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
  2. Park v. City of DuluthSupreme Court of Minnesota · 1916
  3. Briedwell v. HendersonOregon Supreme Court · 1921
  4. Jefferson Highway Transportation Co. v. City of St. CloudSupreme Court of Minnesota · 1923
  5. Drew v. TifftSupreme Court of Minnesota · 1900

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