Wonner v. City of Carterville
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) If a city could lawfully exact of bakery wagons a license fee, it could properly, as a means of enforcing an ordinance tberefor, make it an offense for an employee of tbe owner of such wagons to use it within the city when no license fee had been paid therefor. City of Troy v. Harris, 102 Mo. App. 60; Kansas City y. Smith, 93 Mo.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) If a city could lawfully exact of bakery wagons a license fee, it could properly, as a means of enforcing an ordinance tberefor, make it an offense for an employee of tbe owner of such wagons to use it within the city when no license fee had been paid therefor. City of Troy v. Harris, 102 Mo. App. 60; Kansas City y. Smith, 93 Mo. App. 217. (2) The imposition levied upon vehicles, under sections 5978 and 5979, Revised Statutes 1899, is not upon, or in any manner governed by, the business, or its location, in which the vehicle…
1Opinion of the CourtNixon, P. J.
(After stating the facts). — I. It is claimed by respondents as a reason in support of the judgment of the trial court that they were not subject to the license tax levied because their business was not within the territorial limits of the city of Carterville.
It is true that, according to the terms of the ordinance, the trades, businesses and avocations subject to the license, must be carried on within the city of Carter-ville, and the ordinance does not authorize the levy of any tax on any trade or business outside of the city. It goes without saying that if the ordinance had undertaken to…
Also in this document: Concurrence.
2Cases cited16 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- City of St. Louis v. GreenMissouri Court of Appeals · 1878
- City of St. Louis v. GreenSupreme Court of Missouri · 1879
- State v. RosenblattSupreme Court of Missouri · 1904
- City of St. Charles v. NolleSupreme Court of Missouri · 1872
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3Cited by9 opinions
- E. A. Hoffman Candy Co. v. City of Newport BeachCalifornia Court of Appeal · 1932
- City of Carterville v. BlystoneMissouri Court of Appeals · 1911
- Mears Mining Co. v. Maryland Casualty Co.Missouri Court of Appeals · 1912
- City of Eldorado Springs v. HighfillSupreme Court of Missouri · 1916
- The Emporium v. City of San MateoCalifornia Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.