Commonwealth v. Keithan

Citations

• 1 Monag. 368
• 1889 Pa. LEXIS 1258

Syllabus

<p>A case stated was filed in the common pleas June 4,1888, wherein it was agreed that the defendant, on Sunday, May 20, 1880, sold and delivered ice cream, bread and cakes from his restaurant, at all hours of the day, to persons who either ate them on the premises or carried them away. The case stated further provided: ‘‘If the court be of opinion that the sale of ice cream, cakes and bread, as aforesaid, •on the day aforesaid, was a violation of the Act of April 22,1794, prohibiting the performance of worldly employment on Sunday, and that the defendant was liable for the payment of said penalty, if the suit had been brought in proper time, then judgment to be entered for the amount of the penalty for the plaintiff, but if not judgment for defendant.” The court below entered judgment for the defendant. Held that a 'writ of error should be quashed, in such case.</p>