Sterrett v. City of Houston
Texas Supreme Court
Appeal from Harris. The petition sought to recover en- allegation of the fact that the defendant had used the wharf and refused to pay the wharfage imposed by the ordinances of the city, and did not plead the charter.
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Appeal from Harris. The petition sought to recover en- allegation of the fact that the defendant had used the wharf and refused to pay the wharfage imposed by the ordinances of the city, and did not plead the charter. The defendant’s plea of reconvention was as follows: And this defendant further alleges, that by an Act supplementary to an Act “ entitled an Act to incorporate the city of Houston and other cities therein named, approved on the 28th of January, 1839,” of the Republic of Texas, approved February 5th, 1840, among other things it was enacted, that the Mayor and City Council of…
1Opinion of the CourtLipscomb, J.
This suit was brought to recover a certain amount of wharfage dues from the appellant, as master of the steamer Neptune. The dues were imposed by the ordinance of the corporative authorities, under their charter.
The first objection, assigned by the appellant, is, that the ordinances imposing these dues, ceased to be valid and operative when Texas became a member of the United States Confederacy; that the authority to enforce such ordinances is repugnant to the Constitution of the United States, because the imposition *157of such dues is really imposing tonage duties, inhibited by the Constitution…
2Cited by4 opinions
- Bateman v. HippCourt of Appeals of Texas · 1908
- Beckham v. HunterTexas Supreme Court · 1873
- McDonnell & Co. v. Home Bitters Co.Texas Commission of Appeals · 1881
- Schmidt & Zeigler v. John G. Rost & Co.Court of Appeals of Texas · 1878