Legal Opinion

Ceo. Schuster &, Co. v. City of Louisville

Court of Appeals of Kentucky

Decided December 15, 1905PublishedCited by 11 opinions

CASE 26. — ACTION BY GEORGE SCHUSTER & COMPANY AND OTHERS AGAINST THE CITY OF LOUISVILLE AND OTHERS TO RESTRAIN THE ENFORCEMENT OF AN ORDINANCE. Appeal from Jefferson Circuit Court; Chancery Branch (First Division). Shackelford Miller, Judge. Judgment for defendants. Plaintiffs appeal. POINTS MADE AND AUTHORITIES CITED. 1. The ordinance is unconstitutional.

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CASE 26. — ACTION BY GEORGE SCHUSTER & COMPANY AND OTHERS AGAINST THE CITY OF LOUISVILLE AND OTHERS TO RESTRAIN THE ENFORCEMENT OF AN ORDINANCE. Appeal from Jefferson Circuit Court; Chancery Branch (First Division). Shackelford Miller, Judge. Judgment for defendants. Plaintiffs appeal. POINTS MADE AND AUTHORITIES CITED. 1. The ordinance is unconstitutional. It distinguishes between classes of personal property, i. e., per' sonal property employed in business or manufacture or by a trust company or bank and that not so employed. It is against the provisions of the Constitution and the historic…

1Opinion of the Court

Opinion op the Court by

Chiep Justice Hobson—

Reversing.

At its regular session in the year 1902- the General Assembly passed the following act (Laws 1902, p. 100, c. 50), amending section 181 of the Constitution; “An act to provide for an amendment to section 181 of the Constitution of Kentucky.

“Be it enacted by the General Assembly of the Commonwealth of Kentucky:
“Section 1. That upon the concurrence of three - fifths of all the members elected to each house, the yeas and nays being taken thereon and entered in their respective journals, section 181 of the Constitution of Kentucky be, and it…

2Cited by11 opinions

  1. Hager v. WalkerCourt of Appeals of Kentucky · 1908
  2. City of Louisville v. SebreeCourt of Appeals of Kentucky (pre-1976) · 1948
  3. Booth's Exr. v. Commonwealth ex rel Jefferson County Atty.Court of Appeals of Kentucky · 1908
  4. Eminence Distillery Co. v. Henry County Board of SupervisorsCourt of Appeals of Kentucky · 1918
  5. Gordon v. City of LouisvilleCourt of Appeals of Kentucky · 1910

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