City of Moberly v. Hoover
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Hon. Jno. A. HocTcaday, Judge. (1) The authorities of the city of Moberly have the right and power to levy and collect a license tax on peddlers without any restrictions upon the common and ordinary meaning of the word “peddler.”
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Appeal from Randolph Circuit Court. — Hon. Jno. A. HocTcaday, Judge. (1) The authorities of the city of Moberly have the right and power to levy and collect a license tax on peddlers without any restrictions upon the common and ordinary meaning of the word “peddler.” They had this power given them by the Legislature in 1887; it was continued under the Revised Statutes of 1889; and they still have the same power under the Revised Statutes of 1899. Peddlers of books are nowhere excepted. Session Acts of 1887, p. 72, sec. 39-; R. S. 1889, sec. 1506; R. S. 1899, sec. 5857. (2) Under the Missouri…
1Opinion of the CourtSmith, P. J.
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The defendant was prosecuted and convicted for the violation of an ordinance of the plaintiff — a city of the third class — which provided.: “Every peddler shall pay a license tax of five dollars for every day he may sell in the city,” etc. The offense alleged in the information was that the defendant “unlawfully exercised the business of a peddler by peddling boohs within the city without first having obtained a city license therefor, contrary,” etc. The charter of the plaintiff (sec. 5857, R. S. 1899) provides that the council shall have power and authority to levy and collect a license…
2Cases cited5 opinions
- City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
- City of St. Louis v. BentzSupreme Court of Missouri · 1847
- Kansas City v. HallettMissouri Court of Appeals · 1894
- Kansas City v. NealMissouri Court of Appeals · 1892
- State v. HoffmanMissouri Court of Appeals · 1892
3Cited by6 opinions
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- City of St. Louis v. MeyerSupreme Court of Missouri · 1904
- State Ex Rel. Knese v. KinseySupreme Court of Missouri · 1926
- City of Kansas City v. CarlsonMissouri Court of Appeals · 2009
- State v. LooneySupreme Court of Missouri · 1907
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