Lipkin v. Duffy

The opinion of the court was delivered by

Donges, J.

This is an appeal from a judgment of the Supreme Court dismissing a writ of certiorari allowed to review the conviction of the prosecutor-appellant for the violation of an ordinance of the city of Paterson prohibiting the maintenance of a junk yard without a license. It appears that the prosecutor was operating a junk yard which had been in operation by him since 1936 and by other persons, either members of his family or others, since 1891.

Prosecutor-appellant never applied for a license but preferred to permit the local authorities to…