Fecheimer Bros. & Co. v. City of Louisville
Court of Appeals of Kentucky
Case 44 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Any license law, whether in the form of a statute or in the form of an ordinance, that discriminates between the local population and persons not resident within its limits, or in favor of one class of persons or merchants as against another class, is absolutely void under the provisions of the Federal Constitution.
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Case 44 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Any license law, whether in the form of a statute or in the form of an ordinance, that discriminates between the local population and persons not resident within its limits, or in favor of one class of persons or merchants as against another class, is absolutely void under the provisions of the Federal Constitution. (Constitution of United States, art. Í, sec. 8; Ibid., art. 4, sec. 2; Ibid., 14th Amendment; Ward v. Maryland, 12 Wall., 418; Welton v. Missouri, 1 Otto, 275; County of' San Mateo v. S. F. R R. Co., Federal…
1Opinion of the CourtChief Justice Prtor
delivered the ophstion of the court.
The General Council of the city of Louisville passed an ordinance, approved February 8, 1877, entitled “An ordinance to license sample dealers.”
Section 1 is as follows: “That any person, whose principal place of business is not in this city, or who conducts his principal place of business without this, city, and shall sell or offer to sell any goods, wares or merchandise, by sample or representation, in this city, to any person other than persons living in, or doing a license business in, this city, must first obtain an annual license therefor, and shall…
2Cited by19 opinions
- Estate of JohnsonCalifornia Supreme Court · 1903
- Cook Coffee Co. v. Village of FlushingMichigan Supreme Court · 1934
- Simrall & Co. v. City of CovingtonCourt of Appeals of Kentucky · 1890
- Greene v. Taylor, Jr. & SonsCourt of Appeals of Kentucky · 1919
- Louisville & Nashville R. R. v. Hopkins CountyCourt of Appeals of Kentucky · 1888
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