Flanigan v. Sierra County
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS .FOR THE NINTH CIRCUIT. The facts are stated in the opinion. The ordinance under which this action -was commenced was repealed by the act of the legislature of the State of California of March 23, 1901, and hence the action is abated. Garrison v. New York, 21 Wall. 196; Louisiana v; New Orleans, 109 U. S. 285.; Freeland v. Williams, 131 II.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS .FOR THE NINTH CIRCUIT. The facts are stated in the opinion. The ordinance under which this action -was commenced was repealed by the act of the legislature of the State of California of March 23, 1901, and hence the action is abated. Garrison v. New York, 21 Wall. 196; Louisiana v; New Orleans, 109 U. S. 285.; Freeland v. Williams, 131 II. S. 417; United States v. Tynexu,'ll Wall. 88; Norris v. Crocker, 13 How.„429; Maryland v. B. '& O. R; R. Co., 3 How. 534. The' ordinance was obviously enacted solely for raising revenue. It was not a licensing…
1Opinion of the CourtJustice McKenna
delivered the opinion of the .court.
This action was brought by respondent against petitioner in the Superior Court of the County of Sierra, State of California, and removed on his motion to the United States Circuit Court.
The action was brought to recover the amount of license ordained under an ordinance passed May 31, 1900, by the supervisors of the respondent county, under what is known as “The County Government Act.” California Stat. 1897, c. CCLXXVII. The act gave power to the boards of supervisors of counties as follows:
“To license for regulation and revenue, all and every kind of…
2Cases cited3 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Town of Santa Monica v. GuidingerCalifornia Supreme Court · 1902
- Flanigan v. Sierra CountyCourt of Appeals for the Ninth Circuit · 1903
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- Vail v. Denver Building & Construction TradesSupreme Court of Colorado · 1941
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