L. W. Richardson & Co. v. Town of Hamilton

LAWSON, Justice.

This is an appeal from a decree sustaining a demurrer to a bill or petition for declaratory judgment. § 755, Title 7, Code of 1940.

Complainant in effect sought to have the court declare that the Town of Hamilton could not lawfully require it, a Mississippi business establishment, to pay a license required of transient dealers by an ordinance of said Town, for the reason that to do so would contravene the commerce clause, Article 1, § 8, of the Constitution of the United States.

The demurrer, which was to the bill as a whole, contained grounds taking the points that the bill of…