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>
Judges: Orlad, Porter, Reeder, Rice, Smith, Wickham
Read full opinion on CourtListenerCited by
9 cases in this archive cite this case.
- Commonwealth v. LuckeySuperior Court of Pennsylvania· 1906-10-05· cited 7×
- Commonwealth v. WeimerSuperior Court of Pennsylvania· 1908-07-15· cited 4×
- Commonwealth v. RollerSuperior Court of Pennsylvania· 1918-12-12
- Commonwealth v. MorrisFayette County Court of Quarter Sessions· 1922-07-01
- Commonwealth v. HayesClearfield County Court of Quarter Sessions· 1923-01-04
- Commonwealth v. MillerBerks County Court of Quarter Sessions· 1926-08-23
- Commonwealth v. KellyCrawford County Court of Quarter Sessions· 1928-07-18
- Commonwealth v. HancockDelaware County Court of Quarter Sessions· 1929-01-08
- Commonwealth v. NescodaSchuylkill County Court of Quarter Sessions· 1934-02-26
Cites
4 cases in this archive are cited by this case.
- Commonwealth v. WeissSupreme Court of Pennsylvania· 1891-01-05· cited 52×
- Commonwealth v. EichenbergSupreme Court of Pennsylvania· 1891-02-16· cited 27×
- McGuire v. Borough of ShenandoahSupreme Court of Pennsylvania· 1885-05-11· cited 17×
- Commonwealth v. MillerSupreme Court of Pennsylvania· 1890-01-06· cited 12×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.