State ex rel. Carter v. Kall
Montana Supreme Court
Appeal from District Court, Musselshell County; Chas. L. Crum, Judge. Action by the State of Montana, on the relation of E. B. Carter, against Fred Kail. Judgment for defendant and relator appeals. A state in imposing license fees may intend both regulation and revenue. (Cooley on Taxation, 3d ed., p. 1136.) It is not necessary that a license system should be employed only as a police supervision or regulation. (Northwestern Mut. Life Ins.
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Appeal from District Court, Musselshell County; Chas. L. Crum, Judge. Action by the State of Montana, on the relation of E. B. Carter, against Fred Kail. Judgment for defendant and relator appeals. A state in imposing license fees may intend both regulation and revenue. (Cooley on Taxation, 3d ed., p. 1136.) It is not necessary that a license system should be employed only as a police supervision or regulation. (Northwestern Mut. Life Ins. Co. v. Lewis & Clark County, 28 Mont. 484, 98 Am. St. Rep. 572, 72 Pac. 982.) There is but one liquor license known and recognized by the law of Montana.…
1Opinion of the Court
MR. 'JUSTICE HOLLOWAY
delivered the opinion of the court.
In the complaint in this action it is alleged that for more than six months during the year 1914 the defendant sold intoxicating liquors in the city of Roundup without having a license permitting him to do so. The prayer is for judgment for $264, the amount required to procure a liquor license to do business for six months in a city of the class to which Roundup belongs, and for certain penalties. The answer admits all the material allegations of the complaint, and, by way of special defense, alleges that during all the times mentioned…
2Cases cited3 opinions
- State v. Camp SingMontana Supreme Court · 1896
- Johnson v. Butte & Superior Copper Co.Montana Supreme Court · 1910
- Lerch v. Missoula Brick & Tile Co.Montana Supreme Court · 1912
3Cited by21 opinions
- In Re Wilson's EstateMontana Supreme Court · 1936
- State Ex Rel. Snidow v. State Board of EqualizationMontana Supreme Court · 1932
- State Ex Rel. Federal Land Bank of Spokane v. HaysMontana Supreme Court · 1929
- State Ex Rel. Griffin v. GreeneMontana Supreme Court · 1937
- State v. Silver Bow Refining Co.Montana Supreme Court · 1926
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