Commonwealth v. Dougherty
Superior Court of Pennsylvania
Appeal, No. 203, Oct. T., 1908, by plaintiff, from judgment of C. P. Clearfield Co., Dec. T., 1907, No. 210, for defendants on case stated in suit of Commonwealth v. Edward Dougherty and George Dougherty, trading as Dougherty Brothers. Case stated in the nature of a special verdict on an appeal from a judgment of a justice of the peace.
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Appeal, No. 203, Oct. T., 1908, by plaintiff, from judgment of C. P. Clearfield Co., Dec. T., 1907, No. 210, for defendants on case stated in suit of Commonwealth v. Edward Dougherty and George Dougherty, trading as Dougherty Brothers. Case stated in the nature of a special verdict on an appeal from a judgment of a justice of the peace. Before A. O. Smith, P. J. The facts are stated in the opinion of the Superior Court, Error assigned was judgment of the court of common pleas reversing the judgment of a justice of the peace.
1Opinion of the Court
Opinion by
Head, J.,
This action was begun by the commonwealth to recover from the defendants the fine imposed by sec. 9 of the Act of June 1, 1907, P. L. 386, upon any person who shall have violated any of the provisions of said act. The magistrate before whom the suit was brought- entered judgment against the defendants for the statutory fine and costs. An appeal from the said judgment was allowed by the court of common pleas of Clearfield county, which court afterwards, in an opinion filed, reversed the judgment of the magistrate and entered judgment in favor of the defendants with costs. In…
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