Legal Opinion

City of St. Joseph v. Porter

Missouri Court of Appeals

Decided March 19, 1888PublishedCited by 8 opinions

Appeal from Buchanan Criminal Court, Hon, Silas Woodson, Judge. The case is stated in the opinion. I. Appellant had the right to pass the ordinance, and impose a license upon appellee’s avocation. Rev. Stat., sec. 4644. This authority is found in the general terms of the paragraph giving the city the right to license “all other trades, business, avocations, or professions whatever.”

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Appeal from Buchanan Criminal Court, Hon, Silas Woodson, Judge. The case is stated in the opinion. I. Appellant had the right to pass the ordinance, and impose a license upon appellee’s avocation. Rev. Stat., sec. 4644. This authority is found in the general terms of the paragraph giving the city the right to license “all other trades, business, avocations, or professions whatever.” While the particular avocation of appellee is not mentioned, yet the general terms quoted are to be given force and the city is not prohibited from licensing an avocation because not expressly mentioned in its…

1Opinion of the CourtPhilips, P. J.

The defendant was arrested and tried for violating an ordinance of the city of St. Joseph, providing for licensing the business of an abstractor of titles to real property. On trial in the criminal court he was acquitted. The city has appealed. The single question presented for our determination is as to the *608validity of said ordinance. The criminal court held that the ordinance was not authorized by the charter of the city. It is conceded that the plaintiff is a city of the second class under the Revised Statutes. Section 4644, subdivision 15, confers power upon the city to “license, tax, and…

2Cases cited11 opinions

  1. City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
  2. State v. McGarryWisconsin Supreme Court · 1867
  3. State v. PembertonSupreme Court of Missouri · 1860
  4. Perkins v. PerkinsNew York Supreme Court · 1872
  5. In re the Estate of BominoSupreme Court of Missouri · 1884

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3Cited by8 opinions

  1. Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
  2. People v. DolanWyoming Supreme Court · 1895
  3. United States v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1905
  4. New York Life Insurance v. McDearmonMissouri Court of Appeals · 1908
  5. State v. WilliamsMissouri Court of Appeals · 1889

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