Legal Opinion

Wrought Iron Range Co. v. Johnson

Supreme Court of Georgia

Decided April 4, 1890PublishedCited by 31 opinions

Injunction. License. Peddlers. Constitutional law. Practice. Bill of exceptions. Before Judge Maddox. Floyd county. At chambers, February 24, 1890. The Wrought Iron Range Company, a corporation of Missouri, and Lee, a citizen and resident of Virginia, by their petition alleged as follows : The company manufactures and sells ranges, made for cooking purposes at its works in St. Louis and sold by its agents, by samples, throughout the United States.

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Injunction. License. Peddlers. Constitutional law. Practice. Bill of exceptions. Before Judge Maddox. Floyd county. At chambers, February 24, 1890. The Wrought Iron Range Company, a corporation of Missouri, and Lee, a citizen and resident of Virginia, by their petition alleged as follows : The company manufactures and sells ranges, made for cooking purposes at its works in St. Louis and sold by its agents, by samples, throughout the United States. It furnishes each agent a team and wagon and a- sample range, with which the agent travels over the territory allotted to him and, by exhibiting…

1Opinion of the Court

Bleckley, Chief Justice.

The facts are sufficiently stated in the official report.

1. The provisions of the code under which the ordinary proceeded furnish no warrant or authority for issuing an execution against the owner of goods because they are peddled or sold by sample through an itinerant agent. This question was virtually ruled in Howard, v. Reid, 51 Ga. 328. In that ease it was held that the person to whom the license to peddle is to be granted is he who travels and vends the goods, and that a process issued under section 536 of the code against others on the ground that they, by their…

2Cases cited5 opinions

  1. Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
  2. Asher v. TexasSupreme Court of the United States · 1888
  3. T. Gould & Co. v. Mayor of AtlantaSupreme Court of Georgia · 1876
  4. State v. AgeeSupreme Court of Alabama · 1887
  5. Howard & Soule v. ReidSupreme Court of Georgia · 1874

3Cited by31 opinions

  1. L. Miller & Co. v. GoodmanTexas Supreme Court · 1897
  2. Raif v. StateCourt of Appeals of Georgia · 1964
  3. Brown v. StateCourt of Appeals of Maryland · 1939
  4. Morris Plan Bank of Georgia v. SimmonsSupreme Court of Georgia · 1946
  5. Estep v. StateCourt of Appeals of Georgia · 1973

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