City of Carthage v. Rhodes
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) Section 11 of the charter does not grant to the city council authority to impose penalties on the owners of dogs within the city who fail to pay a license. Such extraordinary power must be expressly conferred. Dillon on Municipal Corp. [3 Ed.] 345, and notes.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) Section 11 of the charter does not grant to the city council authority to impose penalties on the owners of dogs within the city who fail to pay a license. Such extraordinary power must be expressly conferred. Dillon on Municipal Corp. [3 Ed.] 345, and notes. (2 ) The ordinance makes a person a culprit for owning that which the law recognizes as property, without paying for the privilege which is unconstitutional and void. Washington v. Mays, 1 McArthur, 53 (29 Am. Rep. 578); Harrington v. Miles, 11 Kan. 480; Staten.'Gyms, 26…
1Opinion of the CourtBrace, J.
This is an appeal from the judgment of the circuit court of Jasper county on an appeal from the judgment of the recorder’s court of the city of Carthage imposing a fine upon the defendant for keeping a dog without having obtained a license from said city for so doing in violation of the ordinances thereof. The case has been certified here from the Kansas City court of appeals as involving a constitutional question.
By section 11, article 5, of the charter of the city of Carthage (Sess. Acts, 1875, p. 169) it is provided that the city shall have power “to tax, regulate, restrain and prohibit…
2Cases cited5 opinions
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
- Van Horn v. PeopleMichigan Supreme Court · 1881
- Mitchell v. WilliamsIndiana Supreme Court · 1866
- Tenney v. LenzWisconsin Supreme Court · 1863
- Cole v. HallIllinois Supreme Court · 1882
3Cited by14 opinions
- McGlone v. WomackCourt of Appeals of Kentucky · 1908
- State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
- State v. MuellerWisconsin Supreme Court · 1936
- Shadoan v. BarnettCourt of Appeals of Kentucky (pre-1976) · 1926
- State v. AndersonTennessee Supreme Court · 1921
9 more not listed; retrieve them via the Exa API.