Downing v. Blanchard
New York Supreme Court
Error from the Tompkins common pleas. The overseers of the poor of Ithica sued Blanchard before a justice of the peace, and claimed a penalty of $25, under the act concerning jugglers and the exhibition of shows, 1 R. S. 660, § 1, 2. On the trial before the justice, it appeared that the defendant was one of a company of circus performers, who had an exhibition in the village of Ithaca for gain, without having previously obtained a license, according to the statute.
Read the full summary
Error from the Tompkins common pleas. The overseers of the poor of Ithica sued Blanchard before a justice of the peace, and claimed a penalty of $25, under the act concerning jugglers and the exhibition of shows, 1 R. S. 660, § 1, 2. On the trial before the justice, it appeared that the defendant was one of a company of circus performers, who had an exhibition in the village of Ithaca for gain, without having previously obtained a license, according to the statute. Their feats were those of horsemanship, tumbling, playing cards with a horse, and pretending to draw a tooth by means of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question in the case is, whether circus performers are included in the prohibitions of the statute concerning jugglers and the exhibition of shows, 1 R. S. 660, § 1, 2. The first section specifies a class of exhibitions which are entirely prohibited. The second section enumerates exhibitions which are permitted, provided two justices of the peace of the town will grant a license for that purpose. Those contained in the first section are, puppet shows, wire or rope dancing, or any idle shows, acts or feats usually practiced by common showmen, mountebanks, or…
2Cited by2 opinions
- Geer v. ArcherNew York Supreme Court · 1848
- Blitz v. TooveyCity of New York Municipal Court · 1890