Western Union Telegraph Co. v. City of Fremont
Nebraska Supreme Court
Error from the district court of Dodge county. Tried below before Marshall, J. The opinion by the chief justice contains a statement of the case. The legislature has not invested the city It is not within the power of the legislature to delegate to one municipal corporation the power to tax a business which is not carried on within the limits of such corporation.
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Error from the district court of Dodge county. Tried below before Marshall, J. The opinion by the chief justice contains a statement of the case. The legislature has not invested the city It is not within the power of the legislature to delegate to one municipal corporation the power to tax a business which is not carried on within the limits of such corporation. (Wells v. City of Weston, 22 Mo., 384; Desfy, Taxation, eh. 11; Cooley,.Taxation, eh. 3; City of Charleston v. Postal Telegraph Co., 9 Ry. & Corp. Law J. [S. Car.], 129; Thompson, Law of Electricity, sec. 518.) The license tax in…
1Opinion of the CourtNoryal, C. J.
This was an action by the city of Fremont to recover from the plaintiff in error an occupation tax levied under and in pursuance of an ordinance of said city. A general demurrer to the petition was overruled, and the telegraph company having elected to stand upon its demurrer, judgment was entered by the court in favor of the city for $150 and costs of suit.
The petition, after alleging the incorporation of plaintiff and defendant, avers, in substance, that on the 1st day of April, 1891, and continuously ever since said day, there was and now is conducted and carried on within the corporate…
2Cases cited17 opinions
- Leloup v. Port of MobileSupreme Court of the United States · 1888
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Telegraph Co. v. TexasSupreme Court of the United States · 1882
- Pacific Express Co. v. SeibertSupreme Court of the United States · 1892
- McCall v. CaliforniaSupreme Court of the United States · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Pacific Telephone & Telegraph Co. v. City of SeattleWashington Supreme Court · 1933
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1897
- Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
- Heath Consultants, Inc. v. Precision Instruments, Inc.Nebraska Supreme Court · 1995
- Nebraska Telephone Co. v. City of LincolnNebraska Supreme Court · 1908
19 more not listed; retrieve them via the Exa API.