Legal Opinion

Chas. L. Joy & Co. v. Carlson

Idaho Supreme Court

Decided January 27, 1916PublishedCited by 4 opinions

Original proceeding in this court for a writ of prohibition prohibiting the county commissioners of Ada county from requiring a drug company employing licensed pharmacists to pay to the county a license tax of $200, as provided in sec. 1510, Rev. Codes.

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Original proceeding in this court for a writ of prohibition prohibiting the county commissioners of Ada county from requiring a drug company employing licensed pharmacists to pay to the county a license tax of $200, as provided in sec. 1510, Rev. Codes. The license required under sec. 1510 was for the sale of intoxicating liquors, which were defined in sec. 1527 in the exact language that was later used in another act and construed by our supreme court in State v. Osmers, 21 Ida. 18, 120 Pac. 165, not to include alcohol. Counsel in his brief relies upon the fact that this statute is in a…

1Opinion of the Court

BOTHWELL, District Judge.

This is an original application to this court for a writ of prohibition to restrain the county commissioners, sheriff and prosecuting attorney of Ada county from demanding and collecting from plaintiff the sum of $200, license tax, to authorize the sale by plaintiff of pure alcohol for mechanical, scientific or medicinal purposes.

It is alleged in the affidavit that the defendants, August Carlson, William Howell and Mans H. Coffin, as the duly elected, qualified and acting county commissioners of Ada county, at the January meeting of the board of county commissioners,…

2Cases cited2 opinions

  1. In re CraneIdaho Supreme Court · 1915
  2. State v. OsmersIdaho Supreme Court · 1911

3Cited by4 opinions

  1. Meade v. FreemanIdaho Supreme Court · 1969
  2. Meade v. FreemanIdaho Supreme Court · 1969
  3. Meade v. FreemanIdaho Supreme Court · 1969
  4. Opinion No. (1987), Nebraska Attorney General Reports1987

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