City of Troy v. Western Union Tel. Co.
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Action by the-Western Union Telegraph.’Company against the City of Troy to recover license tax paid under protest.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Action by the-Western Union Telegraph.’Company against the City of Troy to recover license tax paid under protest. Judgment for plaintiff, and defendant appeals; The facts as found by the judge were that the city of Troy had an ordinance requiring a telegraph company sending messages from the city to any point in the state to pay a tax of $100, and an ordinance adjudging one guilty of a misdemeanor who failed and refused to pay such tax; further, that the plaintiff was a corporation existing under the laws of the state of New…
1Opinion of the CourtSimpson, J.
The city of Troy, by ordinance, requires any telegraph company doing intrastate business *486in said city to pay license tax of $100. The appellee paid said tax under protest, to save its agent from criminal prosecution, and sued the city for the money, on the ground that the ordinance is void, by reason of the unreasonableness of the amount of said license. The case was tried by the court without a jury, on an agreed statement of facts, the substance of which will be set out by the reporter in the statement of this case.
The business of the appellee not being of that class calling for police…
2Cases cited14 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Atlantic & Pacific Telegraph Co. v. PhiladelphiaSupreme Court of the United States · 1903
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- City Council v. KellySupreme Court of Alabama · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Alabama Power Co. v. City of Carbon HillSupreme Court of Alabama · 1937
- American Bakeries Co. v. City of HuntsvilleSupreme Court of Alabama · 1936
- Western Union Telegraph Co. v. City of DecaturAlabama Court of Appeals · 1918
- Alabama Gas Co. v. City of MontgomerySupreme Court of Alabama · 1947
10 more not listed; retrieve them via the Exa API.