City of Cherokee v. Perkins
Supreme Court of Iowa
Appeal from Cherokee District Court. — Hon. F. R. Gay-nor, Judge. The appellee is a practitioner of dental surgery, and resides in the city of Des Moines, Polk county, where he maintains an office for the practice of his profession.
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Appeal from Cherokee District Court. — Hon. F. R. Gay-nor, Judge. The appellee is a practitioner of dental surgery, and resides in the city of Des Moines, Polk county, where he maintains an office for the practice of his profession. It appears that he is a regularly licensed practitioner, as provided for by the statute of this state relating to that subject, and that his license was of record in both Polk and Cherokee counties, in which latter county the appellant city is situated. It further appears that at stated times appellee was accustomed to visit other towns in the state, advertising…
1Opinion of the CourtBishop, J.
The district court proceeded upon the theory that the appellant city had no power to include doctors of dental surgery in the ordinance in question, and make them subject to its provisions. That a municipality cannot exercise a power unless it be expressly conferred by the legislature, or absolutely necessary to carry out some other power expressly conferred, is well-settled doctrine. That in case of doubt the existence of power will be denied is equally well settled. State v. Smith, 31 Iowa, 493. By section 700 of the Code the power is given cities and towns to regulate, license and tax…
2Cases cited3 opinions
- People v. DeFranceMichigan Supreme Court · 1895
- State ex rel. Flickinger v. FisherSupreme Court of Missouri · 1893
- State v. SmithSupreme Court of Iowa · 1871
3Cited by5 opinions
- Brooks v. Incorporated Town of BrooklynSupreme Court of Iowa · 1910
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
- Town of Akron v. McElligottSupreme Court of Iowa · 1914
- City of Waukon v. FiskSupreme Court of Iowa · 1904
- State v. TaylorSupreme Court of Minnesota · 1908