Clarke v. Rogers
Court of Appeals of Kentucky
Case 8 — EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The questions involved in this case have already been decided In the ease of Moore, &c., v. McDowell, &c., MS. opinion, May 25, 1882. 2. This court held in that case that the charter of Flemingsburg was legally adopted by^ a vote of the majority of the qualified voters of that town; and being adopted, the tax was properly imposed upon appellees.
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Case 8 — EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The questions involved in this case have already been decided In the ease of Moore, &c., v. McDowell, &c., MS. opinion, May 25, 1882. 2. This court held in that case that the charter of Flemingsburg was legally adopted by^ a vote of the majority of the qualified voters of that town; and being adopted, the tax was properly imposed upon appellees. The act known as the new charter of Flemingsburg never went into effect — 1. Because the majority claimed was not sufficient. 2. Because there was not a majority cast in favor of its adoption. 3.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellees in this case were hotel-keepers in the town of Flemingsburg, claiming the privilege of selling liquors in quantities less than a quart. The board of councilmen of that town imposed a tax on this privilege of retailing liquors of $200, and the object of this proceeding is to enjoin its collection, on the ground that they were not officers of the town, and had no right to impose such a burden. The injunction was made perpetual, and of this the appellants complain.
Under the charter of the town prior to August, 1880, the trustees of the…
2Cited by17 opinions
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- Toncray v. BudgeIdaho Supreme Court · 1908
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Bryan v. VossCourt of Appeals of Kentucky · 1911
- Boone County v. Town of VeronaCourt of Appeals of Kentucky · 1921
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