City of Davenport v. Kelley
Supreme Court of Iowa
Appeal from the Scott District Court. The defendants were charged before the police magistrate of the city of Davenport, with violating an ordinance of said city, by offering and exposing to sale fresh meats, in less quantities than one quarter, at a place other than the regularly established market houses. They were found' guilty, fined twenty dollars, and appealed to the district court.
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Appeal from the Scott District Court. The defendants were charged before the police magistrate of the city of Davenport, with violating an ordinance of said city, by offering and exposing to sale fresh meats, in less quantities than one quarter, at a place other than the regularly established market houses. They were found' guilty, fined twenty dollars, and appealed to the district court. In that court they were found not guilty, upon the ground that the city had no right to prohibit the defendants from keeping meat and exposing it for sale, upon their own premises, within the city limits. .…
1Opinion of the Court
Wright, C. J.,
That the defendants did expose and offer for sale fresh meats, upon their own premises, within the city at the time, and in the manner charged in the complaint, is not denied. It is also admitted that two public market houses were established, and that defendants were not the lessees of a stall in either of the houses so established. It is also conceded, that at the time the meats were so offered for sale, an ordinance was in force, which contained the following section : “No person, not being the lessee of a stall in one of the regularly established market houses, shall expose…
2Cases cited3 opinions
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- Stokes v. The Corporation of New YorkNew York Supreme Court · 1835
- Bush v. SeaburyNew York Supreme Court · 1811
3Cited by14 opinions
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
- City of Jacksonville v. LedwithSupreme Court of Florida · 1890
- Des Moines Street R. R. v. Des Moines Broad-Gauge Street R'y Co.Supreme Court of Iowa · 1887
- Davis v. Town of AnitaSupreme Court of Iowa · 1887
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