City of Mt. Sterling v. King
Court of Appeals of Kentucky
CASE 60. — ACTION BY JAMES P. KING AGAINST THE CITY OF MT. STERLING TO TEST'THE VALIDITY OF AN ORDINANCE LICENSING THE SALE OF LIQUORS. — Appeal from Montgomery Circuit Court. A. W. Young, .Circuit .Judge. Judgment for plaintiff, defendant appeals. — Our contention is: First. That a legislative body cannot control the subsequent acts of the same body. Second.
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CASE 60. — ACTION BY JAMES P. KING AGAINST THE CITY OF MT. STERLING TO TEST'THE VALIDITY OF AN ORDINANCE LICENSING THE SALE OF LIQUORS. — Appeal from Montgomery Circuit Court. A. W. Young, .Circuit .Judge. Judgment for plaintiff, defendant appeals. — Our contention is: First. That a legislative body cannot control the subsequent acts of the same body. Second. That section 158 of the city ordinances was repealed, at least by implication, by the passage of this ordinance on December 26th, 1907. Third. That it was original legislation. Fourth. That chapter 81, section 2, of the Acts of the…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Reversing.
Previous to the 26th day of December, 1906, the license tax to sell spirituous, vinous, and malt liquors in quantities of less than a quart in the city of Mt. Sterling had been fixed by ordinance at the sum of $500 per annum. On this date a special meeting of the board of council was regularly held, having been called in the manner provided by Ky. St. section 3502; and at this meeting an ordinance was adopted fixing the license tax at $600, and repealing all ordinances in conflict therewith. After the passage of this ordinance, appellee applied…
2Cases cited3 opinions
- Brown-Foreman Co. v. CommonwealthCourt of Appeals of Kentucky · 1907
- Bruner v. Town of StantonCourt of Appeals of Kentucky · 1897
- Swift & Co. v. City of NewportCourt of Appeals of Kentucky · 1869
3Cited by10 opinions
- Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
- Fletcher v. CommonwealthKentucky Supreme Court · 2005
- Spalding v. City of LebanonCourt of Appeals of Kentucky · 1913
- Cumberland Telephone & Telegraph Co. v. City of CalhounCourt of Appeals of Kentucky · 1912
- City of Irvine v. BergmanCourt of Appeals of Kentucky (pre-1976) · 1927
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