Fretwell v. City of Troy
Supreme Court of Kansas
Error from Doniphan District Court. Fretwell was an auctioneer, carrying on his avocation as such in the City of Troy, Doniphan county. He paid the regular license-tax, and procured an “auctioneer’s license,” • 21st January 1875, for one year from that date. On the 3d of February following, the city council duly passed an ordinance, which was duly published on the 5th, as follows: Ordinance No. 47 — In Sedation to Auctions, and Auctioneers.
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Error from Doniphan District Court. Fretwell was an auctioneer, carrying on his avocation as such in the City of Troy, Doniphan county. He paid the regular license-tax, and procured an “auctioneer’s license,” • 21st January 1875, for one year from that date. On the 3d of February following, the city council duly passed an ordinance, which was duly published on the 5th, as follows: Ordinance No. 47 — In Sedation to Auctions, and Auctioneers. Be it Ordained by the Mayor and Council of the City of Troy: Section 1. Before any person shall proceed to sell at public auction within the limits of the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Two questions are presented in this case. The first turns on the validity of 'an ordinance of the city of Troy, a city of the third class, imposing a license-tax on auctions. This ordinance was passed on the 3d of February 1875, and required that for all sales at public auction a license should be obtained, and that for this license five dollars a day should be paid. It is said that this ordinance is void because “in contravention of common right, unreasonable, arid in restraint of trade,” and because the council “had no authority to tax by…
2Cases cited15 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- Wiggins v. City of ChicagoIllinois Supreme Court · 1873
- Kitson v. Mayor of Ann ArborMichigan Supreme Court · 1873
- City of Leavenworth v. BoothSupreme Court of Kansas · 1875
- Hawkins v. Great Western R. R.Michigan Supreme Court · 1868
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3Cited by26 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Comm'rs of Ottawa Co. v. NelsonSupreme Court of Kansas · 1877
- Francis v. A. T. & S. F. RailroadSupreme Court of Kansas · 1877
- Stull v. De MattosWashington Supreme Court · 1900
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