Legal Opinion

Commonwealth v. Challis

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 164PublishedCited by 9 opinions

Appeal, No. 164, April T., 1898, by defendant, from judgment of Q. S. Allegheny Co., June Sess., 1897, No. 45, affirming judgment of justice of the peace. Appeal from judgment of justice of the peace.

Read the full summary

Appeal, No. 164, April T., 1898, by defendant, from judgment of Q. S. Allegheny Co., June Sess., 1897, No. 45, affirming judgment of justice of the peace. Appeal from judgment of justice of the peace. Before Frazer, J. It appears from the record and evidence that the defendant was arrested on August 13, 1897, on information of a police officer of the borough of Sewickley, under an ordinance of said borough, on the charge that defendant “ did loaf, idly stand, and obstruct a public street and sidewalk of said borough; and havingTieen requested and ordered by affiant, a borough policeman, to…

1Opinion of the Court

Opinion by

Smith, J.,

The defendant was convicted and fined by a justice of the peace, for obstructing the sidewalk of a public street in the borough of Sewickley, in violation of an ordinance of that borough. On examination of the ordinance we find it is entirely sufficient in form and in substance to serve its purpose. It deals with but one offense — the obstruction of streets and sidewalks by persons “ idly standing, loafing or congregating thereupon,” — and prescribes a penalty for persistence therein after request to move on. There is no doubt of the power of the borough to adopt and ■…

2Cases cited4 opinions

  1. McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
  2. Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
  3. Barker v. CommonwealthSupreme Court of Pennsylvania · 1852
  4. Norristown v. MoyerSupreme Court of Pennsylvania · 1871

3Cited by9 opinions

  1. Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
  2. Territory of Hawaii v. AnduhaCourt of Appeals for the Ninth Circuit · 1931
  3. City of Wilkes-Barre v. GarabedSuperior Court of Pennsylvania · 1899
  4. Benson v. City of NorfolkSupreme Court of Virginia · 1934
  5. Commonwealth v. Battistella, Pennsylvania Court of Common Pleas, Westmoreland County1964

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API