Village of Herkimer v. Potter

Edgcomb, J.:

This action is brought to restrain the defendant from selling, peddling or delivering milk or cream in the village of Herkimer, because of his violation of various regulations prescribed by an ordinance governing the sale of milk and cream in the village, and to recover certain penalties therein mentioned, which ordinance was duly adopted by the board of health of the village of Herkimer, and went into effect October 1, 1924. An injunction pendente lite was granted, which the defendant now moves to vacate.

The ordinance forbids any person or corporation to sell, peddle or offer for…