Rothermel v. Meyerle
Pennsylvania Court of Common Pleas, Berks County
No. 310 January Term 1890, Sup. Ct.; court below, No. 74 November Term 1889, C. P. To tbe number and term in tbe court below, there was entered, by appeal of the defendant from the judgment of a justice of the peace, an action brought by Daniel Rothermel, suing for himself as well as for the commonwealth, against John Meyerle, to recover the penalty of $100, imposed by the act of April 8, 1861, P. L. 258. The said act is entitled “ An Act relative to hucksters in the…
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No. 310 January Term 1890, Sup. Ct.; court below, No. 74 November Term 1889, C. P. To tbe number and term in tbe court below, there was entered, by appeal of the defendant from the judgment of a justice of the peace, an action brought by Daniel Rothermel, suing for himself as well as for the commonwealth, against John Meyerle, to recover the penalty of $100, imposed by the act of April 8, 1861, P. L. 258. The said act is entitled “ An Act relative to hucksters in the counties of Berks and Franklin,” and provides that “no person or persons shall buy, or barter for, within the limits of the…
1Opinion of the Court
Opinion,
Mk. Justice Clank :
The defendant was a resident of Montgomery county, and, for anything that appears, was a citizen of this state. He was, in the year 1889, a huckster or peddler, and, in the pursuit of his business, bought articles of produce in Berks county, with the purpose of shipping the same for sale in Montgomery county and in the city of Philadelphia. His residence and his business being wholly confined to the state of Pennsylvania, he cannot, of course, be said to have been engaged in inter-state commerce. But it is contended that as the act of April 8, 1861, P. L. 258,…
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