Legal Opinion

Duquesne City v. Fincke

Supreme Court of Pennsylvania

Decided December 31, 1920No. Appeal, No. 168PublishedCited by 30 opinions

Appeal, No. 168, Oct. T., 1920, by defendant, from judgment of County Court, Allegheny Co., No. 481, 1920, imposing fine and imprisonment on summary conviction in case of City of Duquesne v. W. M. Finche. Complaint for violating city ordinance relating to street meetings. Before Kennedy, P. J. The opinion of the Supreme Court states the facts. The court imposed a sentence of fine and imprisonment. W. M. Finche appealed. Error assigned was judgment of court, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Defendant was tried, convicted and sentenced for the breach of an ordinance of the City of Duquesne, which forbids the holding of public meetings on its streets without obtaining a permit therefor; the County Court of Allegheny County sustained the conviction but reduced the sentence, and from its judgment the present appeal was taken.

*115Appellee raises three preliminary questions: (1st) Assuming a certiorari is permissible, should it not have been issued by and made returnable to the Superior Court? The jurisdiction of that court is purely statutory, however, and…

2Cases cited17 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
  3. Davis v. MassachusettsSupreme Court of the United States · 1897
  4. Fischer v. St. LouisSupreme Court of the United States · 1904
  5. McCauley v. Imperial Woolen Co.Supreme Court of Pennsylvania · 1918

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3Cited by30 opinions

  1. Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
  2. Bell AppealSupreme Court of Pennsylvania · 1959
  3. Municial Publications, Inc. v. Court of Common PleasSupreme Court of Pennsylvania · 1985
  4. Adams v. New KensingtonSupreme Court of Pennsylvania · 1947
  5. State Ex Rel. Harkow v. McCarthySupreme Court of Florida · 1936

25 more not listed; retrieve them via the Exa API.

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