City of Carlisle v. Heckinger & Co.
Court of Appeals of Kentucky
Case 55 — WRIT OF PROHIBITION APPEAL FROM NICHOLAS CIRCUIT COURT. 1. The statutes do -not prescribe any penalty for the breach of a city-ordinance, and the provisions of section 168 of the Constitution were intended to prevent the fixing of different penalties by the city from those fixed by the State for the same offense. 2. The city had the authority to enact the ordinance imposing the license fee. Ky. Cons., sec. 181; Ky.
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Case 55 — WRIT OF PROHIBITION APPEAL FROM NICHOLAS CIRCUIT COURT. 1. The statutes do -not prescribe any penalty for the breach of a city-ordinance, and the provisions of section 168 of the Constitution were intended to prevent the fixing of different penalties by the city from those fixed by the State for the same offense. 2. The city had the authority to enact the ordinance imposing the license fee. Ky. Cons., sec. 181; Ky. Stats., sec. 3637, subsec. 4. 1. Tile penalty denounced by the statutes for peddling goods without license is not less than $50 nor more than $1,000 (Ky. Stats., sec.…
1Opinion of the CourtChief Justice Lewis
By an ordinance of the common council of Carlisle, a city of the fifth class, license fees, required to be paid by peddlers or itinerant retailers of goods, wares and merchandise of any description, was fixed at $50 per year, or $5 per day. And by another ordinance it was provided that wherever any thing, calling or article, is required to-be licensed, a person who shall do such thing, pursue-such calling or employ such article without such license, shall be fined for each offense (each day being deemed a separate offense), not specially provided for, not less, than $5 nor more than $100
Appell…
2Cited by12 opinions
- City of Louisville v. Sagalowski & SonCourt of Appeals of Kentucky · 1910
- City of Danville v. Quaker Maid, Inc.Court of Appeals of Kentucky (pre-1976) · 1925
- Moore v. State Bd. of Charities and CorrectionsCourt of Appeals of Kentucky (pre-1976) · 1931
- Shugars v. HamiltonCourt of Appeals of Kentucky · 1906
- Ex Parte DickisonSupreme Court of Oklahoma · 1928
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