Legal Opinion

Padelford, Fay Co. v. Mayor Ald. City Savannah.

Supreme Court of Georgia

Decided January 5, 1854No. 64PublishedCited by 20 opinions

Certiorari in Chatham. Application refused by Judge Fleming, at Chambers, Dec. 21st, 1853. The City Council of the City of Savannah, passed the following Ordinance: “And be it farther ordained, that on the gross amount of sales of all negroes, goods, wares and merchandize, or other commodity, article or thing, sold within the corporate limits of the City of Savannah, by any person or persons whomsoever, upon or for a commission, premium, per cent-age or other profit, charged…

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Certiorari in Chatham. Application refused by Judge Fleming, at Chambers, Dec. 21st, 1853. The City Council of the City of Savannah, passed the following Ordinance: “And be it farther ordained, that on the gross amount of sales of all negroes, goods, wares and merchandize, or other commodity, article or thing, sold within the corporate limits of the City of Savannah, by any person or persons whomsoever, upon or for a commission, premium, per cent-age or other profit, charged or to be charged thereon, or on joint account, and when not included in the returns as stock in trade, and whether for…

1Opinion of the Court

By the Court.

Benning, J.,

delivering the opinion.

But a single question is presented for decision in this case; and that is, whether the Ordinance of the City Council of Savannah violates the Constitution of the United States.

The plaintiffs in error insist that it violates two of the provisions of the Constitution — that which declares that Congress shall have power “ To regulate commerce with foreign nations and among the several States” ; and that which declares that “ No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be…

2Cases cited5 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Worcester v. GeorgiaSupreme Court of the United States · 1832
  3. Brown v. MarylandSupreme Court of the United States · 1827
  4. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  5. Groves v. SlaughterSupreme Court of the United States · 1841

3Cited by20 opinions

  1. Elliott v. StateSupreme Court of Georgia · 2019
  2. Olevik v. StateSupreme Court of Georgia · 2017
  3. Raif v. StateCourt of Appeals of Georgia · 1964
  4. Walcott v. PeopleMichigan Supreme Court · 1868
  5. Watkins v. StateSupreme Court of Georgia · 1945

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