Legal Opinion

Hewin v. City of Atlanta

Supreme Court of Georgia

Decided January 27, 1905PublishedCited by 47 opinions

Petition for injunction. Before Judge Lumpkin. Fulton superior court. December 10, 1904. S. W.' Hewin and the Atlanta Trading Stamp Company, a corporation, filed a petition against tbe City of Atlanta, in which an injunction was prayed to restrain the city from enforcing an ordinance under which a business tax had been levied upon all persons furnishing “ trading stamps to their customers.” W. D. Payne filed an intervention, and was duly made a party.

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Petition for injunction. Before Judge Lumpkin. Fulton superior court. December 10, 1904. S. W.' Hewin and the Atlanta Trading Stamp Company, a corporation, filed a petition against tbe City of Atlanta, in which an injunction was prayed to restrain the city from enforcing an ordinance under which a business tax had been levied upon all persons furnishing “ trading stamps to their customers.” W. D. Payne filed an intervention, and was duly made a party. The Atlanta Milling Company, a corporation, also filed an intervention and was made a party, but its name was subsequently stricken from the…

1Opinion of the CourtCobb, J.

The legality of the trading stamp business has been the subject of numerous decisions. It has been held, in a number of cases, that there is nothing in the business which subjects it to the control of the State or its subordinate public corporations under the police power. While the question has never been before this court, rulings in other States seem with practical, even if not entire, unanimity to concur in the conclusion, not only that the business is legitimate, but that the right to engage in it without undue interference from States and municipalities is guaranteed by the constitution…

2Cases cited16 opinions

  1. People v. . GillsonNew York Court of Appeals · 1888
  2. Young v. CommonwealthSupreme Court of Virginia · 1903
  3. Winston v. Beeson.Supreme Court of North Carolina · 1904
  4. Fleetwood v. ReadWashington Supreme Court · 1899
  5. Ex Parte McKennaCalifornia Supreme Court · 1899

11 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Ex Parte DrexelCalifornia Supreme Court · 1905
  2. McIntyre v. HarrisonSupreme Court of Georgia · 1931
  3. Southern Express Co. v. Rose Co.Supreme Court of Georgia · 1906
  4. Brown v. City of ThomasvilleSupreme Court of Georgia · 1923
  5. In re GaleIdaho Supreme Court · 1908

42 more not listed; retrieve them via the Exa API.

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