Legal Opinion

Ex Parte Overstreet

Court of Criminal Appeals of Texas

Decided June 22, 1898No. 1562PublishedCited by 15 opinions

Appeal from the County Court of Wise. Tried below before Hon. J. T. Johnson, County Judge. Appeal from an order and judgment on a habeas corpus proceeding remanding appellant to custody for a violation of the law in pursuing the occupation of a peddler of buggies without having paid the occupation tax and obtained a license. Ho statement necessary.

1Opinion of the Court

HURT, Presiding Judge.

Appellant was arrested for pursuing the occupation of peddling buggies, carriages, etc., without first obtaining a license therefor. He resorted to the writ of habeas corpus for his discharge, but upon the trial under said writ he was remanded to custody.

The main contention of appellant is that the law under which he was arrested is unconstitutional, in that it discriminates between persons engaged in the same character of business, requiring of one an occupa-; tion tax of $350, and of the other in accordance with the amounts of the purchases, ranging from $3 where the…

2Cases cited1 opinion

  1. Pullman P. C. Co. v. StateTexas Supreme Court · 1885

3Cited by15 opinions

  1. State v. Pioneer Oil & Refining Co.Texas Commission of Appeals · 1927
  2. Ex Parte WoodsCourt of Criminal Appeals of Texas · 1908
  3. Peachey v. Boswell, MayorIndiana Supreme Court · 1960
  4. Ex Parte BockhornCourt of Criminal Appeals of Texas · 1911
  5. Davis v. WhiteCourt of Appeals of Texas · 1924

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