Legal Opinion

Smith v. Mahoney

Arizona Supreme Court

Decided May 4, 1921No. Civil No. 1847PublishedCited by 21 opinions

APPEAL from a judgment of the Superior Court of the County of Mohave. E. Elmo Bollinger, Judge. STATEMENT OF FACTS. The appellant was tried and convicted of a misdemeanor before the justice of the peace for King-man precinct, in Mohave county, and was sentenced to pay a fine of fifty dollars, and in default of payment to imprisonment in the county jail for a term of twenty-five days.

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APPEAL from a judgment of the Superior Court of the County of Mohave. E. Elmo Bollinger, Judge. STATEMENT OF FACTS. The appellant was tried and convicted of a misdemeanor before the justice of the peace for King-man precinct, in Mohave county, and was sentenced to pay a fine of fifty dollars, and in default of payment to imprisonment in the county jail for a term of twenty-five days. He was committed to the custody of the sheriff of the county to be detained until the fine was paid or such term of imprisonment was served. The charge against the appellant was that he drove a hand of sheep from…

1Opinion of the CourtBaker, J.

(After Stating the Facts as Above.) — The appellant attacks the validity of the act of the legislature under which he was convicted as being violative of both the federal and state Constitutions in a number of specified particulars, none of which will be discussed in the opinion except the claim that the act is a revenue or tax measure and offends section 1, article 9, of the state Constitution, because the tax provided for is not uniform and is unequal. Section 1, article 9, reads as follows:

“All taxes shall be uniform upon the same class of property within the territorial limits of the…

2Cases cited19 opinions

  1. Lochner v. New YorkSupreme Court of the United States · 1905
  2. Geer v. ConnecticutSupreme Court of the United States · 1896
  3. McCready v. VirginiaSupreme Court of the United States · 1877
  4. Royall v. VirginiaSupreme Court of the United States · 1886
  5. State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900

14 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Local 266, International Brotherhood of Electrical Workers v. Salt River Project Agricultural Improvement & Power DistrictArizona Supreme Court · 1954
  2. Giss v. JordanArizona Supreme Court · 1957
  3. Flynn v. City & County of San FranciscoCalifornia Supreme Court · 1941
  4. County of Harris v. ShepperdTexas Supreme Court · 1956
  5. People v. MorganSupreme Court of Colorado · 1926

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