Legal Opinion

State v. Willingham

Wyoming Supreme Court

Decided November 15, 1900PublishedCited by 15 opinions

Reseeved questions from tbe District Court, Laramie County, Hon. Richard H. Scott, Judge. The facts in this case were stated by Mr. Justice Corn, who delivered the opinion of the court, as follows: The defendant was convicted before a justice of the peace of a violation of an ordinance of the city of Cheyenne, entitled, ‘ ‘ An ordinance concerning city licenses, ’5 and sentenced to pay a fine of §50 and costs.

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Reseeved questions from tbe District Court, Laramie County, Hon. Richard H. Scott, Judge. The facts in this case were stated by Mr. Justice Corn, who delivered the opinion of the court, as follows: The defendant was convicted before a justice of the peace of a violation of an ordinance of the city of Cheyenne, entitled, ‘ ‘ An ordinance concerning city licenses, ’5 and sentenced to pay a fine of §50 and costs. The ordinance is as follows: ‘ ‘ Section 1. That any person or persons, company or corporation, who shall, directly or indirectly, keep a store, or sell, vend, or retail any goods,…

1Opinion of the CourtCohn, Justice

(after stating the facts).

There are two principal questions presented in this case: First, whether the ordinance is void because in violation of the interstate commerce clause of the Constitution of the United States; and, second, whether it is void as in violation of the provision of Section 28, Article 1, of our State constitution that “all taxation shall be equal and uniform.”

The principles which control the decision of the first question, with the authorities, were set put in a very clear and well-considered opinion by Chief Justice Groesbeck in the case of Clements v. The Town of Casper,…

2Cases cited5 opinions

  1. Brennan v. TitusvilleSupreme Court of the United States · 1894
  2. Ex parte MirandeCalifornia Supreme Court · 1887
  3. McKindly v. DunhamWisconsin Supreme Court · 1882
  4. Scotland County v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
  5. Gill v. S. Kaufman & Co.Supreme Court of Kansas · 1876

3Cited by15 opinions

  1. Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
  2. Town of Green River v. BungerWyoming Supreme Court · 1936
  3. City of Louisville v. Sagalowski & SonCourt of Appeals of Kentucky · 1910
  4. Hillard v. Big Horn Coal CompanyWyoming Supreme Court · 1976
  5. I. T. K. v. MOUNDS PUBLIC SCHOOLSSupreme Court of Oklahoma · 2019

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