Legal Opinion

City of Carterville v. Blystone

Missouri Court of Appeals

Decided December 4, 1911PublishedCited by 9 opinions

Appeal from Jasper Circuit Court. — Ron. Joseph D. Perkins, Judge. t (1) The city may levy three taxes under its charter powers: first, a tax on property; second, a vehicle tax for the use of the streets; third, a tax on the business or occupation.

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Appeal from Jasper Circuit Court. — Ron. Joseph D. Perkins, Judge. t (1) The city may levy three taxes under its charter powers: first, a tax on property; second, a vehicle tax for the use of the streets; third, a tax on the business or occupation. St. Louis v. Weitzel, 130 Mo. 619; Harder’s Oo. v. Chicago, 85 N. E. 245. (2) The license sought to be imposed in this case is based solely on the principle that those who, in the course of their business, wear the streets shall contribute to their maintenance, being of the same nature as tolls charged by private corporations for the use of ther…

1Opinion of the Court

NIXON, P. J. —

The defendant was tried in the police court of the city of Carterville upon the following complaint: (Formal parts omitted.)

“Comes now A. M. Baird, city attorney within and for the city, of Carterville, and informs the court, complains of and charges the facts to be: That one Robert Blystone, defendant, on the 5th day of October, 1910, within the corporate limits of the city of Carterville, Missouri, did then and there unlawfully use and operate upon the streets of said city a vehicle, to-wit, a two-horse wagon commonly known as a dray and transfer wagon, for the purpose of…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. City of St. Charles v. NolleSupreme Court of Missouri · 1872
  2. Wonner v. City of CartervilleMissouri Court of Appeals · 1910

3Cited by9 opinions

  1. Star Transportation Co. v. City of Mason CitySupreme Court of Iowa · 1923
  2. E. A. Hoffman Candy Co. v. City of Newport BeachCalifornia Court of Appeal · 1932
  3. Cutrona v. Mayor of WilmingtonCourt of Chancery of Delaware · 1924
  4. City of Sedalia Ex Rel. Bauman v. Standard Oil Co. of IndianaCourt of Appeals for the Eighth Circuit · 1933
  5. State v. GamelinSupreme Court of Vermont · 1940

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