Legal Opinion

State ex rel. Mudeking v. Parr

Supreme Court of Minnesota

Decided November 26, 1909No. Nos. 16,270—(30)PublishedCited by 22 opinions

F. B. Mudeking having been arrested and imprisoned for an alleged violation of chapter 248, Laws 1909, obtained from the district court for Winona county a writ of habeas corpus directed to the sheriff of that county, on the ground that his imprisonment was unlawful and that chapter 248 was unconstitutional. The matter was heard before Snow, J., who ordered the release of relator. From that order, defendant appealed.

1Opinion of the CourtLewis, J.

Belator, having been arrested for violating the provisions of chapter 248, p. 293, Laws 1909, sued out a writ of habeas corpus, alleging that his imprisonment was unlawful for the reason that the law was unconstitutional.

Section 1 defines hawkers and peddlers as follows: “Every person traveling from house to house for the purpose of offering for sale *148any article of merchandise, either for immediate or future delivery or according to sample is hereby declared to be a hawker and peddler.” The same section defines a transient merchant to be a person, corporation, or copartnership exposing and…

2Cases cited9 opinions

  1. Nichols v. WalterSupreme Court of Minnesota · 1887
  2. Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
  3. Murray v. Board of County CommissionersSupreme Court of Minnesota · 1900
  4. Mutual Benefit Life Insurance v. County of MartinSupreme Court of Minnesota · 1908
  5. State ex rel. Douglas v. RittSupreme Court of Minnesota · 1899

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3Cited by22 opinions

  1. Minnesota v. National Tea Co.Supreme Court of the United States · 1940
  2. Oliver Iron Mining Co. v. LordSupreme Court of the United States · 1923
  3. Hassler v. EngbergSupreme Court of Minnesota · 1951
  4. State v. Minnesota Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1944
  5. State v. OsborneSupreme Court of Iowa · 1915

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