Legal Opinion

City of Burlington v. Bumgardner

Supreme Court of Iowa

Decided April 5, 1876PublishedCited by 13 opinions

Appeal from Des Moines District Court. This is an agreed case, and the only question presented in ' the record involves the right of the City of Burlington to-license hotels and taverns kept within its limits. There was a judgment in the court below for defendant. Plaintiff ap-

1Opinion of the CourtBeck, J.

The right of the city to license hotels and taverns does not exist unless conferred by legislative enactment *674of the state. This proposition is conceded by counsel for plaintiff. But he insists that the right is conferred by Code, § 463, which is in the following words: “They [the cities] shall have power to regulate or prohibit the sale of horses or other domestic animals at public auction on the streets, alleys or highways; to regulate, license and tax all carts, wagons, drays, coaches, omnibuses and every description of carriages which may be kept for hire; to regulate and tax taverns and…

2Cases cited2 opinions

  1. City of Burlington v. Putnam InsuranceSupreme Court of Iowa · 1870
  2. State v. HerodSupreme Court of Iowa · 1870

3Cited by13 opinions

  1. Huston v. City of Des MoinesSupreme Court of Iowa · 1916
  2. State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
  3. Bear v. City of Cedar RapidsSupreme Court of Iowa · 1910
  4. City of Ottumwa v. ZekindSupreme Court of Iowa · 1895
  5. People v. SchneiderMichigan Supreme Court · 1905

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