Legal Opinion

State ex rel. Luria v. Wagener

Supreme Court of Minnesota

Decided July 8, 1897No. Nos. 10,674—(244)PublishedCited by 29 opinions

Writ of habeas corpus to defendant, as sheriff of Bamsey county,. Hawking and peddling without a license is forbidden by Laws 3.897, c. 107, but section 5 excepts the manufacturer, with some others, from the application of the law. No such classification of hawkers and peddlers can be made, for no arbitrary distinction between different kinds or classes of business can be sustained, the conditions being otherwise similar.

Read the full summary

Writ of habeas corpus to defendant, as sheriff of Bamsey county,. Hawking and peddling without a license is forbidden by Laws 3.897, c. 107, but section 5 excepts the manufacturer, with some others, from the application of the law. No such classification of hawkers and peddlers can be made, for no arbitrary distinction between different kinds or classes of business can be sustained, the conditions being otherwise similar. State v. Sheriff, 48 Minn. 236. See, also, State v. Bease, 46 Minn. 138; Temple v. Sumner, 51 Miss. 13; Chaddock v. Day, 75 Mich. 527; City v. Gugenheim, 61 111. App. 374.…

1Opinion of the CourtCanty, J.

Relator was by a justice of the peace convicted of peddling goods without a license in the town of Rose, in Ramsey county, contrary to chapter 107, Laws 1897, which provides:

“Section 1. No person shall hereafter be allowed to sell or expose for sale any personal property within any organized township within the state of Minnesota, as a peddler or hawker, without first obtaining a license therefor from the proper authorities of said organized township, in the manner hereinafter prescribed.
“Sec. 2. The township supervisors of every organized township in the state of Minnesota are hereby…

2Cases cited1 opinion

  1. State ex rel. McCue v. Sheriff of Ramsey CountySupreme Court of Minnesota · 1892

3Cited by29 opinions

  1. State v. WhitcomWisconsin Supreme Court · 1904
  2. Rosenbloom v. StateNebraska Supreme Court · 1902
  3. State v. WrightOregon Supreme Court · 1909
  4. State v. Robinson Co.Washington Supreme Court · 1915
  5. State v. OsborneSupreme Court of Iowa · 1915

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API