City of St. Joseph v. Metropolitan Life Insurance
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Row. Benj. J. Casteel, Judge. TRANSFERRED TO KANSAS ClTY COURT OF APPEALS. (1) (a) The license fee of $50 imposed by the laws of the city of St. Joseph for the non-payment of which the judgment appealed from was entered, is of such amount and levied under such conditions that it is manifestly not simply a charge made for the purpose of defraying the expense of enforcing a police regulation, hut is a tax for the purpose of providing…
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Appeal from Buchanan Criminal Court. — Row. Benj. J. Casteel, Judge. TRANSFERRED TO KANSAS ClTY COURT OF APPEALS. (1) (a) The license fee of $50 imposed by the laws of the city of St. Joseph for the non-payment of which the judgment appealed from was entered, is of such amount and levied under such conditions that it is manifestly not simply a charge made for the purpose of defraying the expense of enforcing a police regulation, hut is a tax for the purpose of providing revenue. Lamar v. Adams, 90 Mo. App. 40; St. Louis v. Spiegel, 75 Mo. 145; Kansas City v. G-rush, 151 Mo. 128; Ward • v.…
1Opinion of the CourtMarshall, J.
This is a prosecution under the ordinance of St. Joseph, for doing business without a license. The defendant was fined fifty dollars in the police court, and appealed to the criminal court of Buchanan county. In that court it filed a motion to dismiss the case ‘ ‘ for the reason that the ordinance upon which the information is based is unconstitutional and void. ’ ’ The court overruled the motion. Thereupon a jury was waived and the cause was tried before the court upon an agreed statement of facts, which recited that St. Joseph is a city of the second class under the laws of this State; that…
2Cases cited3 opinions
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- State ex rel. Smith v. SmithSupreme Court of Missouri · 1899
- City of Lamar v. AdamsCourt of Appeals of Kansas · 1901
3Cited by18 opinions
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- State ex rel. Hadley v. AdkinsSupreme Court of Missouri · 1909
- Holton v. CochranSupreme Court of Missouri · 1907
- State ex rel. Audrain County v. HackmannSupreme Court of Missouri · 1918
- Gannon v. PaukSupreme Court of Missouri · 1906
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