Hart v. Willetts
Supreme Court of Pennsylvania
March 9th 1869. Before Thompson, C. J., Read, Agnew and Williams, JJ. Sharswood, J., at Nisi Prius. Error to the Court of Common Pleas of Bradford county: of January Term 1869, No. 122. The proceedings in this case were commenced before a justice of the Peace by A. Hart, “ who sues for himself as well as for the county of Bradford,” against H. Willetts. Judgment was rendered by the justice in favor of the plaintiff. The defendant appealed to the Court of Commop Pleas.
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March 9th 1869. Before Thompson, C. J., Read, Agnew and Williams, JJ. Sharswood, J., at Nisi Prius. Error to the Court of Common Pleas of Bradford county: of January Term 1869, No. 122. The proceedings in this case were commenced before a justice of the Peace by A. Hart, “ who sues for himself as well as for the county of Bradford,” against H. Willetts. Judgment was rendered by the justice in favor of the plaintiff. The defendant appealed to the Court of Commop Pleas. The parties there agreed on the following case stated, which was filed September 7th 1868 “ In this case, a capias was issued…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
An examination of the legislation of the state since the year 1830, shows that the acts against hawking and peddling without license, embraced both foreign and domestic goods, wares and merchandise, and the exception made is of citizens of this Commonwealth peddling goods of their own manufacture. It is very obvious that the Act of 16th April 1840, § 2, standing midway in the current of this legislation, dropped the word “ domestic” through the inadvertence of the penman or the omission of the transcriber. This is evident, not only from the…
2Cited by2 opinions
- Commonwealth v. BrintonSupreme Court of Pennsylvania · 1890
- Commonwealth v. Ernst, Pennsylvania Court of Common Pleas, Bucks County1955