Commonwealth ex rel. Allegheny County v. Hendley

Citations

• 7 Pa. Super. 356
• 1898 Pa. Super. LEXIS 299

Syllabus

<p>Oleomargarine — Illegal furnishing by restaurant keeper.</p> <p>A public caterer, who, for gain, furnishes oleomargarine as a part of a meal to his guests, is subject to the penalty provided by the act o£ assembly.</p> <p>The discretion of the court below in refusing an appeal will not be disturbed, where the petition therefor is based on an allegation that, while the other constituents of the meal were sold, butter and oleomargarine were kept, for accommodation of the patrons of the establishment, for which no price was charged ; this defense having been presented to the alderman and passed on by him.</p> <p>Appeals from magistrates on summary convictions — Discretion of court —Practice, Superior Court.</p> <p>Appeals from a magistrate on summary convictions should not be allowed save for cause shown. The whole matter rests in the sound discretion of the court below, and an appeal to the Superior Court must be regarded as a substitute for a certiorari. Thompson v. Preston, 5 Pa. Superior Ct. 154, followed.</p>