Van Swartow v. Commonwealth
Supreme Court of Pennsylvania
Certiorari to an alderman of Pittsburgh, in the county of Allegheny, to remove tbe record of a proceeding in the name of The Commonwealth of Pennsylvania v. Francis Van Swartow.
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Certiorari to an alderman of Pittsburgh, in the county of Allegheny, to remove tbe record of a proceeding in the name of The Commonwealth of Pennsylvania v. Francis Van Swartow. In the record of conviction, it was stated by the alderman that information, on oath, had been made before him, at the city of Pittsburgh, in the county of Allegheny, by Joseph Bishop, that Francis Van Swartow, on the Sabbath day, being the 9th April, 1854, in the borough of Birmingham, in the county and Commonwealth aforesaid, unlawfully did sell and retail spirituous liquor, not for medicinal purposes, contrary to…
1Opinion of the Court
The opinion of the Court was "delivered, December 18, by
Black, C. J.
The first error assigned on this record raises the question whether the Act of 14th April, 1851, forbidding the sale of spirituous, vinous, or malt liquors on the Sabbath day, in Allegheny county, is constitutional. The penalty is $50, which the offender shall be obliged to pay on a summary conviction before a justice of the peace or alderman. Because the law does not give him a trial by jury, it is said to be in conflict with the Constitution of the United States, which declares, that “ in suits at common law, when the value…
2Cited by41 opinions
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- Zauflik, A., Aplt. v. Pennsbury School DistrictSupreme Court of Pennsylvania · 2014
- Premier Cereal & Beverage Co. v. Pennsylvania Alcohol Permit BoardSupreme Court of Pennsylvania · 1928
- Bensinger v. University of Pittsburgh Medical CenterSuperior Court of Pennsylvania · 2014
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