Legal Opinion

Duncan v. State

Supreme Court of Georgia

Decided April 11, 1898PublishedCited by 6 opinions

Certiorari. Before Judge Callaway. Greene superior court. February term, 1898. The accusation on which the plaintiff in error was tried in the county court charges, that in Greene county, on the 16th and 17th of August, 1897, he unlawfully peddled clocks and carried on the business of a peddler of clocks, before registering his. name and place of business with the ordinary of the county as. required by law, and before paying the tax for the fiscal year 1897 to the…

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Certiorari. Before Judge Callaway. Greene superior court. February term, 1898. The accusation on which the plaintiff in error was tried in the county court charges, that in Greene county, on the 16th and 17th of August, 1897, he unlawfully peddled clocks and carried on the business of a peddler of clocks, before registering his. name and place of business with the ordinary of the county as. required by law, and before paying the tax for the fiscal year 1897 to the tax-collector of that county as required by law. The testimony at the trial showed, that on August 13, 1897, a man other than…

1Opinion of the Court

'Simmons, C. J.

1. The interstate commerce clause of the Federal constitution has no application to sales of goods in this State, when it appears that the same had been manufactured in another State, shipped in quantities to an agent of the manufacturer residing in Georgia, by him deposited in a warehouse, and from thence delivered on retail orders obtained by a traveling agent of the manufacturer. Emert v. Missouri, 156 U. S. 296, and authorities cited.

2. When one person travels through the country as an itinerant, exhibiting samples of goods and taking orders for goods of like character, and…

2Cases cited1 opinion

  1. Emert v. MissouriSupreme Court of the United States · 1895

3Cited by6 opinions

  1. Upchurch v. City of LagrangeSupreme Court of Georgia · 1924
  2. Racine Iron Co. v. McCommonsSupreme Court of Georgia · 1900
  3. Singleton v. StateCourt of Appeals of Georgia · 1914
  4. Potts v. StateCourt of Criminal Appeals of Texas · 1903
  5. Raley & Bros. v. RichardsonSupreme Court of Georgia · 1922

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