Town of Spencer v. Whiting
Supreme Court of Iowa
Appeal from Olay District Court. Ti-ie defendant was charged with peddling goods within the limits of the incorporated town of Spencer without having procured a license to do so, as provided by an ordinance of the town. He was tried in the mayor’s court, and convicted.
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Appeal from Olay District Court. Ti-ie defendant was charged with peddling goods within the limits of the incorporated town of Spencer without having procured a license to do so, as provided by an ordinance of the town. He was tried in the mayor’s court, and convicted. Thereupon he appealed to the district court, and upon trial, at the conclusion of the evidence, the court dismissed the action, for the reason, as alleged, that the prosecution had failed to establish the fact that the defendant was a peddler. From the order dismissing the action the plaintiff appeals.
1Opinion of the Court
Adams, Oh. J.
The defendant, at the time of the alleged offense, was acting as an employe of the Castle Shirt Company, of Chicago, and was engaged in obtaining orders from customers, and in taking measures for the manufacture of the goods. As such employe he obtained several orders in the *679town of Spencer. It appears, also, that upon one occasion he sold, in the law office of S. S. Snow, a set of cuff-holders, and an article for keeping neck-ties in position. He had sample shirts with him, and some other things, for which he took orders and measures, but it appears that he did not offer to sell…
2Cited by6 opinions
- City of Davenport v. RiceSupreme Court of Iowa · 1888
- State v. BristowSupreme Court of Iowa · 1906
- Kimmel v. Mayor of AmericusSupreme Court of Georgia · 1898
- City of Stuart v. CunninghamSupreme Court of Iowa · 1893
- City of Wausau v. HeidemanWisconsin Supreme Court · 1903
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