City of Wausau v. Heideman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Marathón county: W. C. SilvebthoRN, Circuit Judge. Action to recover $125 said to be due from defendant under an ordinance, by reason of defendant, as a transient merchant, trader or dealer, not intending to permanently locate in the plaintiff city, coming into the same and exposing therein for sale by sample, goods, wares and merchandise, notions’and articles of trade, soliciting and taking orders therefor, traveling, in so…
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Appeal from a judgment of tbe circuit court for Marathón county: W. C. SilvebthoRN, Circuit Judge. Action to recover $125 said to be due from defendant under an ordinance, by reason of defendant, as a transient merchant, trader or dealer, not intending to permanently locate in the plaintiff city, coming into the same and exposing therein for sale by sample, goods, wares and merchandise, notions’and articles of trade, soliciting and taking orders therefor, traveling, in so doing, from house to house and from place to place during a period of five days, and thereafter executing the orders…
1Opinion of the CourtMabshalx, J.
It will be observed that the judgment is based merely on the fact that appellant, doing the business, of an ordinary traveling agent for a mercantile establishment located in the city of Milwaukee, personally solicited orders for goods by sample, to be filled, if accepted, out of the stock of his principal in such city; and that in so doing he traveled from house to house in the respondent city. It was not claimed in the complaint, established by evidence, or found by the court, that appellant brought into such city any other goods than the samples he carried about with him as a mere…
2Cases cited9 opinions
- Commonwealth v. FarnumMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. EichenbergSupreme Court of Pennsylvania · 1891
- City of Davenport v. RiceSupreme Court of Iowa · 1888
- Emmons v. City of LewistownIllinois Supreme Court · 1890
- Hewson v. Inhabitants of EnglewoodSupreme Court of New Jersey · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. BristowSupreme Court of Iowa · 1906
- Eaton v. PeopleSupreme Court of Colorado · 1909
- State v. NelsonSupreme Court of Iowa · 1905
- State v. DressnerNew York Court of General Session of the Peace · 1913