Commonwealth ex rel. Allegheny County v. Hendley
Superior Court of Pennsylvania
Appeal, No. 138, April T., 1898, by-defendant, from decree of C. P. No. 1, Allegheny Co., Dec. T., 1897, No. 680, refusing appeal from judgment of alderman. Petition for appeal from judgment of magistrate, imposing penalty for sale of oleomargarine. Before C. P. No. 1, Allegheny county. The facts appear from the following petition : “ To the honorable the judges of the court of common pleas No. 1 of Allegheny county.
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Appeal, No. 138, April T., 1898, by-defendant, from decree of C. P. No. 1, Allegheny Co., Dec. T., 1897, No. 680, refusing appeal from judgment of alderman. Petition for appeal from judgment of magistrate, imposing penalty for sale of oleomargarine. Before C. P. No. 1, Allegheny county. The facts appear from the following petition : “ To the honorable the judges of the court of common pleas No. 1 of Allegheny county. “ Your petitioner respectfully represents: “That on Tuesday the 26th day of October, A. D. 1897, judgment was given against him and in favor of the above named plaintiff in the…
1Opinion of the Court
Opinion by
Wickham, J.,
The defendant, a restaurant keeper, was sued and convicted, before an alderman, for violation of the Act of May 21, 1885, P. L. 22, prohibiting the sale of imitation butter, etc. In his petition to the common pleas, for the allowance of an appeal, he alleges, in effect, that while he sold his bread, meat, coffee and other articles of food to his patrons, he generously gave away his oleomargarine. To use his own words, “ for the accommodation of his patrons he had a large bowl at all times containing small platters of butter or oleomargarine, in large or small numbers, as…
2Cases cited5 opinions
- Commonwealth v. WeissSupreme Court of Pennsylvania · 1891
- Thompson v. PrestonSuperior Court of Pennsylvania · 1897
- Commonwealth v. EichenbergSupreme Court of Pennsylvania · 1891
- McGuire v. Borough of ShenandoahSupreme Court of Pennsylvania · 1885
- Commonwealth v. MillerSupreme Court of Pennsylvania · 1890
3Cited by15 opinions
- Commonwealth v. PeacockSuperior Court of Pennsylvania · 1935
- Commonwealth v. StewartSuperior Court of Pennsylvania · 1939
- Commonwealth v. FreedmanSuperior Court of Pennsylvania · 1947
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
- Commonwealth v. SpottsSuperior Court of Pennsylvania · 1911
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