City Council v. Shoemaker
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. The appellee in this case, doing business in the city of Montgomery as the agent of the Southern Express Company, was prosecuted before the mayor for failing to take out a license, as required by an ordinance of the city, and was fined fifty dollars, besides costs.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. The appellee in this case, doing business in the city of Montgomery as the agent of the Southern Express Company, was prosecuted before the mayor for failing to take out a license, as required by an ordinance of the city, and was fined fifty dollars, besides costs. On appeal to the circuit court, the case was submitted to the court, as the bill of exceptions states, “ to decide on the law and facts, on the following admissions of the parties: The defendant was charged with violating an ordinance of said city,…
1Opinion of the CourtBrickell, J.
The charter of the city of Montgomery, as amended by the act of March 3, 1870 (Pamph. Acts 1869—70, p. 338), expressly conferred the power on the corporation to impose on all express companies a tax not exceeding five hundred dollars per annum. The charter was again amended *118by the act of February 26, 1872 (Pamph. Acts 1871-2, p. 275), and this power again conferred in express terms. The general assembly may confer on municipal corporations the power to license or to tax trades, occupations, professions, or employments, pursued for profit within the corporate limits. Yuille v. Mayor & Aldermen…
2Cases cited5 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- President of Ottawa v. County of La SalleIllinois Supreme Court · 1851
- Carroll v. Mayor of TuskaloosaSupreme Court of Alabama · 1847
- State v. EstabrookSupreme Court of Alabama · 1844
3Cited by9 opinions
- State ex rel. Wilkinson v. LaneSupreme Court of Alabama · 1913
- Ex parte City Council of MontgomerySupreme Court of Alabama · 1879
- Nashville, Chattanooga & St. Louis Railway v. City of AttallaSupreme Court of Alabama · 1897
- Gamble v. City CouncilSupreme Court of Alabama · 1906
- Dunlap v. StateAlabama Court of Appeals · 1918
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