Thurber & Atkin v. Sharp
New York Supreme Court
The plaintiffs, as overseers of the poor of the town of Delhi, Delaware county, sued the defendant, before a justice of the peace, under section 1 of article 1, title 8, chapter 20, part 1, of the revised statutes, entitled “ Of jugglers, and the exhibition of shows, &c.” (1 R. S. 660.) The plaintiffs recovered a judgment for the penalty of $25, and on appeal to the county court the judgment of the justice was affirmed. The defendant thereupon appealed to this court.
1Opinion of the CourtShankland, J.
The first section of the statute reads as follows : “ No person shall exhibit or perform for gain or profit, *628any puppet-show, any wire or rope dance, or any other idle shows, acts, or feats, which common showmen, mountebanks, or jugglers usually practice or performand imposes a penalty of $25 for a violation of the act. The defendant contends that the exhibition or performance, complained of, does not come within the words and intent of the section. The defendant and his troupe are whites, but on the occasion in question they appeared on a platform, in the court house .at Delhi, dressed and…
2Cited by1 opinion
- Blitz v. TooveyCity of New York Municipal Court · 1890