Legal Opinion

Wilson & Bro. v. City of Lexington

Court of Appeals of Kentucky

Decided February 25, 1899PublishedCited by 9 opinions

Case 99 — INJUNCTION AGAINST LIVERY LICENSE 3. City of Covington v. Woods, does not control the decision of this case. 2. When, the general council of city of Lexington fixed the trade or occupation license for livery stable keepers at $10.00, it exhausted its power to increase such trade license by adding thereto a special tax on the vehicles used by them in their business. Ky.

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Case 99 — INJUNCTION AGAINST LIVERY LICENSE 3. City of Covington v. Woods, does not control the decision of this case. 2. When, the general council of city of Lexington fixed the trade or occupation license for livery stable keepers at $10.00, it exhausted its power to increase such trade license by adding thereto a special tax on the vehicles used by them in their business. Ky. Stats., sec. 3058; Livingston, &c., v. Paducah, 80 Ky., 656. 3. A trade license is demandable as a police regulation. In its exaction only such a sum as would probably cover the expense of enforcing the law of the…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion of the court.

Section 181 of the Constitution is as follows: . . . The General Assembly may, by general laws only, . . . delegate the power to . . . municipal corporations, to impose and collect license fees on stock used. for breeding purposes, on franchises, trades, occupations and professions. Section 3058, Kentucky Statutes, (being part of the act for the government of cities of the second class), which was enacted pursuant to section 181 of the Constitution, provides that “the general council [of cities of that class] shall have power, by ordinance, . .…

2Cases cited1 opinion

  1. City of Covington v. WoodsCourt of Appeals of Kentucky · 1895

3Cited by9 opinions

  1. City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
  2. Bramman v. City of AlamedaCalifornia Supreme Court · 1912
  3. E. A. Hoffman Candy Co. v. City of Newport BeachCalifornia Court of Appeal · 1932
  4. City of San Mateo v. MullinCalifornia Court of Appeal · 1943
  5. City of Newport v. French Bros. Bauer Co.Court of Appeals of Kentucky · 1916

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