Legal Opinion

Commonwealth v. Eichenberg

Supreme Court of Pennsylvania

Decided February 16, 1891No. 93PublishedCited by 27 opinions

APPEAL BY J. S. SCHRUNK FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 93 January Term 1891, Sup. Ct.; court below, number and term not given.

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APPEAL BY J. S. SCHRUNK FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 93 January Term 1891, Sup. Ct.; court below, number and term not given. On July 18, 1890, John L. Schrunk presented his petition representing that he had instituted an action in the name of the Commonwealth of Pennsylvania, ex relatione John L. Schrunk, against Richard Eichenberg, before John W. Sepp, an alderman, to recover from the defendant the penalty of §50 incurred for peddling foreign and domestic goods within the county of Lehigh without a license, contrary to the act of April 10,.1869, P. L. 835; that, after…

1Per curiam

The plaintiff brought this suit before alderman Sepp, of Allentown, against the defendant, to recover the penalty for peddling without license under the act of April 10, 1869. The alderman gave judgment in favor of the defendant, in which he was clearly right, as the evidence which he sets forth upon the face of his transcript shows very conclusively that the defendant was not a peddler, within the meaning of the act of 1869. On the contrary, he kept a store in the city of Allentown, and merely solicited orders through the county of Lehigh for his goods. When such orders were given he…

2Cases cited1 opinion

  1. McGuire v. Borough of ShenandoahSupreme Court of Pennsylvania · 1885

3Cited by27 opinions

  1. Thompson v. PrestonSuperior Court of Pennsylvania · 1897
  2. Commonwealth v. PalmsSuperior Court of Pennsylvania · 1940
  3. Haller Baking Co. v. Rochester BoroughSuperior Court of Pennsylvania · 1935
  4. State v. BristowSupreme Court of Iowa · 1906
  5. Commonwealth ex rel. Allegheny County v. HendleySuperior Court of Pennsylvania · 1898

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