Carlisle v. Baker
Supreme Court of Pennsylvania
Certiorari to the mayor of the city of Philadelphia. The mayor returned, that the defendant was summoned before him to answer the plaintiff in a plea of debt under 40s. ‘ ‘ for placing goods on the footway of the street, and on “his porch,” contrary to an ordinance of the mayor, aider-men and citizens of Philadelphia intituled “a supplement to “an ordinance, intituled an ordinance for the suppression of *4721 1' nuisances, and enforcing * useful regulations within J “the…
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Certiorari to the mayor of the city of Philadelphia. The mayor returned, that the defendant was summoned before him to answer the plaintiff in a plea of debt under 40s. ‘ ‘ for placing goods on the footway of the street, and on “his porch,” contrary to an ordinance of the mayor, aider-men and citizens of Philadelphia intituled “a supplement to “an ordinance, intituled an ordinance for the suppression of *4721 1' nuisances, and enforcing * useful regulations within J “the city of Philadelphia.” The defendant appeared before him on the 2d November 1792, and the cause was adjourned until the 7th…
1Opinion of the Court
Sed per Curiam.
This is no conviction. It is a qui tam action of debt, by the plaintiff, under a bye law. Convictions are always on the prosecution of the state.
A second exception taken was, that the summons issued for two forfeitures under the ordinance for the defendant’s placing goods on the footway of the street, and on his porch. It would appear by the judgment, that the suit was supported as to one offence only, the judgment being for 15s. but of which of the offences he incurred the penalty, the court cannot judge, and there is no certainty here whereon to found the judgment of the…
2Cases cited1 opinion
- Commonwealth v. BordenSupreme Court of Pennsylvania · 1869
3Cited by6 opinions
- Wilson v. RuckerCourt of Appeals of Virginia · 1799
- Battles v. NesbitSuperior Court of Pennsylvania · 1942
- Simpson v. RhinelandersNew York Supreme Court · 1838
- Commonwealth v. NicholsSuperior Court of Pennsylvania · 1909
- Commonwealth v. Banovich, Pennsylvania Court of Common Pleas, Somerset County1971
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