Norristown Borough v. Puleo
Superior Court of Pennsylvania
Appeal, No. 320, Oct. T., 1917, by defendant, from order of C. P. Montgomery Co., June T., 1917, No. 141, affirming judgment of justice of the peace in case of Burgess and Town Council of the Borough of Norristown v. Joseph Puleo. Certiorari to a judgment of a justice of the peace.
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Appeal, No. 320, Oct. T., 1917, by defendant, from order of C. P. Montgomery Co., June T., 1917, No. 141, affirming judgment of justice of the peace in case of Burgess and Town Council of the Borough of Norristown v. Joseph Puleo. Certiorari to a judgment of a justice of the peace. Swartz, P. J., filed the following opinion: The Borough of Norristown enacted an ordinance requiring “Each person, partnership, association or corporation engaged in the buying and selling of junk, rubber, rags, rope, scrap iron, brass, lead, copper or other metal, commonly known as junk dealers, to pay an annual…
1Opinion of the Court
Opinion by
Henderson, J.,
Without reference to implied power express legislative authority is shown which sustains the action of the borough in enacting the ordinance under which the proceeding arose. The business of carrying on a junk shop is a proper subject of police regulation as is shown by Com v. Mintz, 19 Pa. Superior Ct. 283, and many other cases *271relating to business of a similar character. Boro. of Sayre v. Phillips, 148 Pa. 482; Philadelphia v. Brabender, 201 Pa. 574, and Scranton v. Straff, 28 Pa. Superior Ct. 258, show the application of the principle. The case was carefully…
2Cases cited4 opinions
- Sayre Borough v. PhillipsSupreme Court of Pennsylvania · 1892
- Philadelphia v. BrabenderSupreme Court of Pennsylvania · 1902
- Commonwealth v. MintzSuperior Court of Pennsylvania · 1902
- Scranton City v. StraffSuperior Court of Pennsylvania · 1905
3Cited by3 opinions
- City of Pittsburgh v. StrengSuperior Court of Pennsylvania · 1926
- Borough of Temple v. General Baking Co., Pennsylvania Court of Common Pleas, Berks County1934
- Commonwealth v. MatteroMontgomery County Court of Quarter Sessions · 1947