Payne v. Massey

Mr. Judge Folley

delivered the opinion of the Court.

This suit was filed by the petitioner, J. W. Payne, against the City of Houston and others to restrain the enforcement of a city ordinance regulating the operation of taxicabs within the city limits of Houston and for a declaratory judgment fixing the rights, status and other legal relations between the petitioner and the city.

Houston is a home rule city, duly incorporated and operating as such under the constitution and statutes of this state.

The petitioner alleged that for many years he had been engaged in the taxicab business in Houston…