City of Texarkana v. Hudgins Produce Co.
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. The appellees brought suit in the chancery court of Miller County, Arkansas, to restrain the city of Texarkana, Ark., and Foster Rogers, its chief of- police, from enforcing a certain ordinance of that city, regulating the sale" of cider by wholesale and retail. The- lower court issued a temporary injunction, which was made permanent on the final hearing.
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. The appellees brought suit in the chancery court of Miller County, Arkansas, to restrain the city of Texarkana, Ark., and Foster Rogers, its chief of- police, from enforcing a certain ordinance of that city, regulating the sale" of cider by wholesale and retail. The- lower court issued a temporary injunction, which was made permanent on the final hearing. So much of the ordinance, as we need consider here, reads as follows: “Section 3. That the selling of cider, either at wholesale or retail, within the…
1Opinion of the Court
Smith, J.,
(after stating the facts). It is said that the ordinance is void because it designates the business of selling cider, either at wholesale or retail, as a privilege, and undertook to derive a revenue from the exercise of this privilege by imposing a tax so excessive that its purpose to raise revenue is made manifest. It is true the business of selling cider is referred to as a privilege; but the use of that term is not controlling in the consideration of the purpose of the ordinance. It is proper to consider not only the amount of the license fixed by the ordinance; but it is…
2Cases cited11 opinions
- Monroe v. City of LawrenceSupreme Court of Kansas · 1890
- City of Fayetteville v. CarterSupreme Court of Arkansas · 1889
- Eureka Vinegar Co. v. Gazette Printing Co.United States Circuit Court · 1888
- Trigg v. DixonSupreme Court of Arkansas · 1910
- City of Lincoln Center v. LinkerCourt of Appeals of Kansas · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Van Hovenberg v. HolmanSupreme Court of Arkansas · 1940
- City of Fort Worth v. Gulf Refining Co.Texas Supreme Court · 1935
- City of Fort Worth v. Gulf Refining Co.Texas Supreme Court · 1935
- Claunch v. StateCourt of Criminal Appeals of Texas · 1917
- Newport v. YoungSupreme Court of Arkansas · 1927
3 more not listed; retrieve them via the Exa API.