City of Kinsley v. Dyerly
Supreme Court of Kansas
Appeal from Edwards district court; Charles E. Lobdell, judge. STATEMENT. J. N. Dyerly was charged with the violation of an ordinance of the city of Kinsley by peddling goods in the city at retail and soliciting persons to buy goods without first having obtained a license therefor. He was convicted in the police court, and appealed to the district court, where there was a trial without a jury.
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Appeal from Edwards district court; Charles E. Lobdell, judge. STATEMENT. J. N. Dyerly was charged with the violation of an ordinance of the city of Kinsley by peddling goods in the city at retail and soliciting persons to buy goods without first having obtained a license therefor. He was convicted in the police court, and appealed to the district court, where there was a trial without a jury. The district court adjudged him guilty, and he was sentenced to pay a fine of $10 and stand committed until the fine and costs were paid. From this conviction he appeals. His defense is that he was…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
On the authority of City of Kansas v. Collins, 34 Kan. 434, 8 Pac. 865, the court held that the single sale made by the defendant failed to establish the fact that he was a peddler, which was proper, but-it also found the defendant guilty of selling goods 'at retail as a soliciting agent, contrary to the provisions of the ordinance. The court expressly held that the fact that the goods were shipped to the person who solicited the orders and that he delivered them and collected the purchase-price necessarily deprived the transactions of their…
2Cases cited18 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- O'Neil v. VermontSupreme Court of the United States · 1892
- Stoutenburgh v. HennickSupreme Court of the United States · 1889
- McCall v. CaliforniaSupreme Court of the United States · 1890
- Asher v. TexasSupreme Court of the United States · 1888
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3Cited by2 opinions
- City of Kansas City v. SeamanSupreme Court of Kansas · 1916
- Wilson-Moline Buggy Co. v. HawkinsSupreme Court of Kansas · 1909