Burgess of North Wales v. Brownback
Superior Court of Pennsylvania
Appeal, No. 128, Nov. T., 1898, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1897, No. 171, in favor of defendant on case stated. Opinion by Smith, J. Case stated.
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Appeal, No. 128, Nov. T., 1898, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1897, No. 171, in favor of defendant on case stated. Opinion by Smith, J. Case stated. Before Swartz, P. J. It appears from the case stated that suit was brought against defendant to recover penalty for violation of an ordinance of the borough of North Wales, which provided for the licensing of all persons selling or offering for sale at retail upon the streets or soliciting orders from house to house for any goods, wares or merchandise in the borough of North Wales without the payment of a license…
1Opinion of the Court
Opinion by
Smith, J.,
A prohibition of unlicensed peddling which operates impartially, and without distinction between classes, or residents of different civil subdivisions, or of different states, is held to be a proper exercise of the police power of the state: Com. v. Brinton, 132 Pa. 69; Com. v. Gardner, 133 Pa. 284; Com. v. Harmel, 166 Pa. 89. But a prohibition which arbitrarily excepts certain classes, or residents of certain localities, from its operation, is held invalid, as a denial of the equal rights of others: Com. v. Snyder, 182 Pa. 630.
The exercise of the police power directly by…
2Cases cited10 opinions
- Welton v. MissouriSupreme Court of the United States · 1876
- Sayre Borough v. PhillipsSupreme Court of Pennsylvania · 1892
- Commonwealth v. GardnerSchuylkill County Court of Quarter Sessions · 1890
- Borough of Warren v. GeerSupreme Court of Pennsylvania · 1887
- Borough of Millerstown v. BellSupreme Court of Pennsylvania · 1889
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3Cited by13 opinions
- Mahanoy City Borough v. HerskerSuperior Court of Pennsylvania · 1909
- Mechanicsburg Borough v. KoonsSuperior Court of Pennsylvania · 1901
- Chambersburg v. PorterSuperior Court of Pennsylvania · 1923
- Commonwealth v. GujaSuperior Court of Pennsylvania · 1905
- Citizens' Wholesale Supply Co. v. SnyderCourt of Appeals for the Third Circuit · 1913
8 more not listed; retrieve them via the Exa API.