Legal Opinion

City of Wilkes-Barre v. Garabed

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 32PublishedCited by 22 opinions

Appeal, No. 32, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1898, No. 389J, in favor of plaintiff on case stated. Opinion by Orlady, J. Beeber and W. W. Porter, JJ., dissent. Case stated.

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Appeal, No. 32, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1898, No. 389J, in favor of plaintiff on case stated. Opinion by Orlady, J. Beeber and W. W. Porter, JJ., dissent. Case stated. Before Woodward, P. J. The facts sufficiently appear in the opinion of the court below; . On November 1, 1898, the defendant was arrested for the violation of section 8 of the city ordinances, and, upon hearing before the mayor, was found guilty, and sentenced to pay a fine of |6.00 and the costs. From this judgment the defendant took this appeal. Section 8 of the city…

1Opinion of the Court

Opinion by

Orlady, J.,

The defendant, an officer in the Salvation Army, was arrested and sentenced to pay a fine and costs for violating an ordinance of the city of Wilkes-Barre. An appeal was taken to the court of common pleas, where a case was agreed to, and after hearing, a judgment was entered for the plaintiff, and the record has been brought to this court for review.

The ordinance, for the violation of which the defendant was arrested and fined, is as follows:

“ It shall not be lawful for any person or persons to appear in any of the public streets or places in said city to play upon any…

2Cases cited24 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Powell v. PennsylvaniaSupreme Court of the United States · 1888
  3. Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
  4. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  5. People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845

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

3Cited by22 opinions

  1. Gima v. Hudson Coal Co.Supreme Court of Pennsylvania · 1933
  2. Paul Gima v. the Hudson Coal Co.Superior Court of Pennsylvania · 1932
  3. Lawson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Philadelphia v. BrabenderSuperior Court of Pennsylvania · 1901
  5. Commonwealth v. EmmersSuperior Court of Pennsylvania · 1907

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

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