City of Poughkeepsie v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simon King, from a judgment of the County Court of Dutchess county in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 29th day of October, 1898, affirming a judgment- of a justice of the peace.
1Opinion of the Court
Cullen, J. :
This action was instituted before-a justice of the peace to recover a penalty prescribed by the common council for the violation of an ordinance which forbade the maintenance of lunch wagons in the street without a license. The defendant contends that he was protected under a license previously issued to him under another ordinance, and also that the ordinance under which the action is brought is void, because, instead of naming a certain sum as a penalty for its infraction, it provides that the offender shall be punished by a fine of not less than ten dollars or more than…
2Cited by3 opinions
- City of New York v. HexamerAppellate Division of the Supreme Court of the State of New York · 1901
- RACKLIFF v. PETERSMissouri Court of Appeals · 1908
- Village of Carthage v. . ColliganNew York Court of Appeals · 1915