Legal Opinion

Commonwealth v. Gipner

Supreme Court of Pennsylvania

Decided January 3, 1888No. 253PublishedCited by 34 opinions

ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 253 October Term 1887, Sup. Ct.; court below, No. 266 September Term 1887, C. P. No. 1. On July 15, 1887, a writ of certiorari issued in behalf of F. M. Gipner to alderman M. F. Cassidy, the return to which contained a record reciting the arrest of F. M. Gipner, a hearing on July 12, 1887, and concluding: Be it remembered, that on the 12th day of July, A. d. 1887, F. M. Gipner, of Allegheny county, Pa.,…

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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 253 October Term 1887, Sup. Ct.; court below, No. 266 September Term 1887, C. P. No. 1. On July 15, 1887, a writ of certiorari issued in behalf of F. M. Gipner to alderman M. F. Cassidy, the return to which contained a record reciting the arrest of F. M. Gipner, a hearing on July 12, 1887, and concluding: Be it remembered, that on the 12th day of July, A. d. 1887, F. M. Gipner, of Allegheny county, Pa., merchant (he being personally present), is convicted before me, being one of the aldermen of the city of Pittsburgh, in the…

1Opinion of the Court

Opinion,

Mr. Justice Williams :

The defendant in error was arrested on the second day of July, 1887, for a violation of the Sunday laws by the sale of tobacco and cigars at his store in the city of Pittsburgh. On his arrest he went before a magistrate and proposed to pay the fine and costs, saying he might as well pay at one time as another. The magistrate being at the time unable to ascertain the amount of the costs declined the offer. The case was finally heard on the 12th July, and the defendant convicted. Immediately after his conviction, without waiting for the issuing of any writ, and…

2Cited by34 opinions

  1. Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
  2. State v. CohenNevada Supreme Court · 1921
  3. Washington v. ClelandOregon Supreme Court · 1907
  4. Commonwealth v. BarbonoSuperior Court of Pennsylvania · 1914
  5. Commonwealth v. CongdonSuperior Court of Pennsylvania · 1920

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