Legal Opinion

Gibson v. Harrison

Supreme Court of Arkansas

Decided June 15, 1901PublishedCited by 7 opinions

Appeal from Boone Circuit Court. E. G. Mitchell, Judge. The ordinance is invalid because it fails to distinctly state the object of the tax. Const. Ark. art. 16, § 11; 30 Ark. 435. The ordinance does not provide for the levy or collection of the tax ipursuant t'o -law. Const.

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Appeal from Boone Circuit Court. E. G. Mitchell, Judge. The ordinance is invalid because it fails to distinctly state the object of the tax. Const. Ark. art. 16, § 11; 30 Ark. 435. The ordinance does not provide for the levy or collection of the tax ipursuant t'o -law. Const. Ark. art.- 16,--§ 11; Sand. •& H. Dig., ¡■$§•.5184, 5181, 642-2. Appellee had-only such taxing power as is ■-expressly given it by the legislature-. -30’Ark. 435-;‘54.Ark. -50-9; S3’ Ark. -497; Cooley,-Taxation,-678.-- The act of-,March 9, -1875, .§<¡@9- (Sand. & H. Dig., § 5-181), contemplates-the- levy-and…

1Opinion of the CourtBattue, J.

On the 1st day of August, 1900, Knox Gibson was arrested, under a warrant issued by.-.the mayor of the incorporated towm of, Harrison, for failing to pay a tax on a dog owned by him for tlie year 1900, after lawful demand -for the tax. He "was'Carried before the mayor, tried, convicted, fined $5, 'and ordered ■‘•'to jail,'or tó'-be: worked on-the streets of Harrison until discharged ■in-"due course'Of'"law, iivdefault-of the-payment of--the fine and costs. He appealed to the Boone circuit court, where he was tried by the court sitting as a jury, convicted, and fined in'the’sum of $5. He has…

2Cases cited3 opinions

  1. Mitchell v. WilliamsIndiana Supreme Court · 1866
  2. Sentell v. New Orleans & Carrollton RailroadSupreme Court of the United States · 1897
  3. Commonwealth v. MarkhamCourt of Appeals of Kentucky · 1870

3Cited by7 opinions

  1. Evansville & Southern Indiana Traction Co. v. SpiegelIndiana Court of Appeals · 1911
  2. Tribble v. StateCourt of Appeals of Georgia · 1954
  3. State v. AndersonTennessee Supreme Court · 1921
  4. Ex Parte MarlerSupreme Court of Oklahoma · 1929
  5. Hofer v. CarsonOregon Supreme Court · 1922

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