Legal Opinion · Dissent

State v. J. Watts Kearny & Sons

Supreme Court of Louisiana

Decided November 26, 1934No. Nos. 33136, 33139Published

1DissentO’Niell, Chief Justice

The main question in these cases is whether the business of selling building materials, in very large quantities, to contractors and subcontractors, and to municipalities and municipal boards and commissions, should be classed as a wholesale business or as a retail business, in determining the rate of the license tax to be levied upon the business.

The prevailing opinion rendered in the eases maintains that the business is a- retail business, notwithstanding its enormous proportions, because the' general license law, section 7 of Act No. 205 (as amended by Act No. 1S2 of 1928), in defining a…

2Cases cited17 opinions

  1. United States v. MooreSupreme Court of the United States · 1878
  2. Edward's Lessee v. DarbySupreme Court of the United States · 1827
  3. United States v. JohnstonSupreme Court of the United States · 1888
  4. United States v. Alabama Great Southern RailroadSupreme Court of the United States · 1892
  5. United States v. PhilbrickSupreme Court of the United States · 1887

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