Hayes v. City of Appleton
Wisconsin Supreme Court
ERROR to the Circuit Court for Outagamie County. An ordinance of the common council of the city of Appleton declared that no licensed auctioneer should “ sell any goods, wares or merchandise after sundown.” Hayes, who was a licensed auctioneer in that city, was found guilty in a justice’s court of a violation of this ordinance, and fined therefor.
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ERROR to the Circuit Court for Outagamie County. An ordinance of the common council of the city of Appleton declared that no licensed auctioneer should “ sell any goods, wares or merchandise after sundown.” Hayes, who was a licensed auctioneer in that city, was found guilty in a justice’s court of a violation of this ordinance, and fined therefor. On certiorari, the judgment was affirmed by tire circuit court; and thereupon , Hayes sued out Ms writ of error from this court. contended that the ordinance was illegal and void, as being an unreasonable restraint upon trade, and also in conflict…
1Opinion of the CourtDixon, C. J.
The question presented in this case is, whether the common council of the city of Appleton had authority to pass the ordinance in controversy? Section two of chapter four of the charter provides, that the common council shall have authority, by ordinances, resolutions or by-laws, among other things, “to regulate the time, place and manner of holding public auctions.” Laws of 1865, ch. 268. And like authority is conferred by section eight, chapter 54, R. S. It is not claimed, under the power thus given, that the common council may arbitrarily pass what ordinances it pleases with respect to the…
2Cases cited1 opinion
- Dunham v. Trustees of RochesterNew York Supreme Court · 1826
3Cited by28 opinions
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- People v. GibbsMichigan Supreme Court · 1915
- Biddles, Inc. v. EnrightNew York Court of Appeals · 1925
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