State v. . Shoaf
Supreme Court of North Carolina
INDICTMENT, tried before Bay, J., and a jury, at January Term, 1920, of Fobsyth. Defendant was charged with the offense of “unlawfully and wilfully exposing for sale Ms goods and keeping open Ms place of business on Sunday” in violation of Public-Local' Laws'of 1919, cM 320, wMch reads as follows, omitting immaterial parts thereof: “No person, firm, or corporation in Forsyth County shall expose for sale, sell, or offer for sale on Sunday any goods, wares, or merchandise…
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INDICTMENT, tried before Bay, J., and a jury, at January Term, 1920, of Fobsyth. Defendant was charged with the offense of “unlawfully and wilfully exposing for sale Ms goods and keeping open Ms place of business on Sunday” in violation of Public-Local' Laws'of 1919, cM 320, wMch reads as follows, omitting immaterial parts thereof: “No person, firm, or corporation in Forsyth County shall expose for sale, sell, or offer for sale on Sunday any goods, wares, or merchandise within four miles of the corporate limits of any incorporated town or city, and no shop, store, or other place of business…
1Opinion of the Court
Walker, J.,
after stating the case as above: The facts in. tbis ease bring it directly witbin the purview of the exemption and not witbin the prohibition of the statute, being excepted from it by the proviso.
Tbe term “restaurant and cafe,” in common parlance, and, we tbinb, as used in the statute, are substantially synonymous. A restaurant is generally understood to be a place where refreshments, food and drink are served. "Whether they are served to guests seated at a table or on stools at a counter does not affect the definition, that being merely a detail in the operation of the restaurant.…
2Cases cited5 opinions
- Swift Co. v. . TempelosSupreme Court of North Carolina · 1919
- Richards v. Washington Fire & Marine Ins.Michigan Supreme Court · 1886
- People v. JonesNew York Supreme Court · 1863
- In re Ah YowDistrict Court, D. Washington · 1894
- Lewis v. HitchcockDistrict Court, S.D. New York · 1882
3Cited by12 opinions
- State v. . PulliamSupreme Court of North Carolina · 1922
- State v. AventSupreme Court of North Carolina · 1961
- Newman v. Piggie Park Enterprises, Inc.District Court, D. South Carolina · 1966
- Stoltz v. McConnellLouisiana Court of Appeal · 1967
- State v. PulliamSupreme Court of North Carolina · 1922
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