Respublica v. Duquet
Supreme Court of Pennsylvania
Tho defendant was indicted in the Major’s Court of the city of Philadelphia, on two counts. 1st, That he on the 2d January 1797, did make, build and erect a certain wooden mansion house, on the east side of Crown street, between Sassafras and Vino streets, within that part of the city which lies to the eastward of Sixth street from the river Delaware, between the south side of Vine street, and the north side of Sassafras street, to the great damage and common nuisance of all…
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Tho defendant was indicted in the Major’s Court of the city of Philadelphia, on two counts. 1st, That he on the 2d January 1797, did make, build and erect a certain wooden mansion house, on the east side of Crown street, between Sassafras and Vino streets, within that part of the city which lies to the eastward of Sixth street from the river Delaware, between the south side of Vine street, and the north side of Sassafras street, to the great damage and common nuisance of all the liege subjects of Pennsylvania, against the form of the act of assembly, and against an ordinance of the mayor,…
1Opinion of the CourtShippen, C. J.
pronounced the opinion of the court. The questions in this case are principally two : 1st, Whether the corporation of the city of Philadelphia have passed such an ordinance under the powers vested in them by act of assembly, as by law they might do, both with respect to the mode of punishment, and the court in which the offender is to be tried. And 2d, If they have passed a valid ordinance occording to the act, is that act a constitutional one ?
The material objection to the ordinance is, that they have directed a prosecution by indictment, whereas it is contended, that a corporation has only…
2Cited by19 opinions
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- Kline v. HarrisburgSupreme Court of Pennsylvania · 1949
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Zemprelli v. DanielsSupreme Court of Pennsylvania · 1981
- Beall v. BeallSupreme Court of Georgia · 1850
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