M. Golden & Co. v. City of Guthrie

The opinion of the court was delivered by

McAtee, J.:

This action was begun by the plaintiff company, (plaintiffs in error here), to enjoin the city of Guthrie and others, its officers, the defendants in error, from enforcing a city ordinance providing for the payment of occupation taxes upon auctioneers and merchants, who engage in the sale of merchandise at public auction. The case was tried in the court below on a demurrer to the petition, upon the ground that the petition did not state facts sufficient to constitute a cause of action. The court sustained the demurrer, and the plaintiff in…