City of Hannibal v. Price
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas, Hon. Thomas H. Baoon, Judge. Without express authority given in its charter, the respondent could not pass or enact any valid ordinance establishing a legal license tax for keeping and using a buggy or carriage for private use within its limits. St. Louis v. Oreen, 7 Mo. App. 468. The city charter of the respondent gave no such authority, either expressly or by any permissible legal implication.
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Appeal from the Hannibal Court of Common Pleas, Hon. Thomas H. Baoon, Judge. Without express authority given in its charter, the respondent could not pass or enact any valid ordinance establishing a legal license tax for keeping and using a buggy or carriage for private use within its limits. St. Louis v. Oreen, 7 Mo. App. 468. The city charter of the respondent gave no such authority, either expressly or by any permissible legal implication. St. Louis v. Or one, 46 Mo. 574; St. Louis v. Woodruff, 4 Mo. App. 169. The enumerated vehicles all being public business vehicles used for hire, and…
1Opinion of the CourtBombaueb, J.
This is an action brought to test: the charterpowers of the city of Hannibal to impose a license tax on vehicles *282within the city used solely for the accommodation of their owners, and not for pecuniary gain in the transportation of persons or property. A question incidentally to be determined, provided such charter power exists, is whether the defendant, is-guilty of a violation of the ordinance of the city on that subject, and whether the judgment rendered against him was warranted by the terms of the ordinance.
The grant of power under which the validity of the ordinance in question is…
2Cases cited5 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- City of St. Louis v. GreenMissouri Court of Appeals · 1878
- Joyce v. City of East St. LouisIllinois Supreme Court · 1875
- Knox City v. ThompsonMissouri Court of Appeals · 1885
- City of St. Louis v. GroneSupreme Court of Missouri · 1870
3Cited by5 opinions
- State v. SchuchmannSupreme Court of Missouri · 1896
- Davis v. PetrinovichSupreme Court of Alabama · 1896
- Kansas City v. RichardsonCourt of Appeals of Kansas · 1901
- City of Mobile v. GentrySupreme Court of Alabama · 1911
- City of Belton v. HortonMissouri Court of Appeals · 1997