Commonwealth ex rel. City of Flemingsburg v. Merz
Court of Appeals of Kentucky
CASE 13. — PROSECUTION AGAINST MILLARD MERZ FOR PEDDLING GOODS WITHOUT A LICENSE IN VIOLATION OF A CITY ORDINANCE. Appeal from Fleming Circuit Court. James P. Harbeson, Circuit Judge; From a judgment dismissing the warrant the city appeals. AUTHORITIES CITED. Taylor v. City of Owensboro, 98 Ky., 271; City of Owensboro v. Simms, 99 Ky., 49; Same v. Sparks, 99 Ky., 351; City of Carlisle' v. Heckinger & Co., 20 Ky. Law Rep., 74; Crosdale v. City of Cynthiana, 21 Ky.
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CASE 13. — PROSECUTION AGAINST MILLARD MERZ FOR PEDDLING GOODS WITHOUT A LICENSE IN VIOLATION OF A CITY ORDINANCE. Appeal from Fleming Circuit Court. James P. Harbeson, Circuit Judge; From a judgment dismissing the warrant the city appeals. AUTHORITIES CITED. Taylor v. City of Owensboro, 98 Ky., 271; City of Owensboro v. Simms, 99 Ky., 49; Same v. Sparks, 99 Ky., 351; City of Carlisle' v. Heckinger & Co., 20 Ky. Law Rep., 74; Crosdale v. City of Cynthiana, 21 Ky. Law Rep., 36; Commonwealth v. Wright, 79 Ky., 36; Kerr v. Commonwealth, 27 Ky. Law Rep., 1234; Constitution, sec. 168; Ky.…
1Opinion of the Court
Opinion of the Court by
Judge Settle
Reversing.
Appellee was arrested under a warrant issued by tbe police judge of the city of Flemingsburg charging him with the offense of peddling goods, wares,-and merchandise at retail in that city without a license so to do, by taking up a temporary residence in the city under color of a bona fide merchant and selling ■to Mrs. Emma L. Summers, on the-day of January, 1906, such goods and merchandise. On the trial in the police court, appellee was convicted of tbe offense charged in the warrant, and his punishment fixed at a fine of $50. He thereupon took an…
2Cases cited4 opinions
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- City of Carlisle v. Heckinger & Co.Court of Appeals of Kentucky · 1898
- Lucas v. CommonwealthCourt of Appeals of Kentucky · 1904
- Respass v. CommonwealthCourt of Appeals of Kentucky · 1899
3Cited by3 opinions
- City of Pineville v. DavisCourt of Appeals of Kentucky (pre-1976) · 1927
- Eales v. City of BarbourvilleCourt of Appeals of Kentucky · 1917
- Gotee v. GravesCourt of Appeals of Kentucky · 1913