Kaysville City v. Ellison
Utah Supreme Court
Appeal from the District Court of Davis County. Hon. H. H. Rolapp, Judge. Action by the City of Kaysville against defendant Ellison for carrying on a business as merchant without a license. Action was begun in justice’s court, where Ellison was convicted. Appeal was taken to the district court and upon a trial de novo defendant was acquitted. From which judgment of acquittal plaintiff appeals.
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Appeal from the District Court of Davis County. Hon. H. H. Rolapp, Judge. Action by the City of Kaysville against defendant Ellison for carrying on a business as merchant without a license. Action was begun in justice’s court, where Ellison was convicted. Appeal was taken to the district court and upon a trial de novo defendant was acquitted. From which judgment of acquittal plaintiff appeals. We are aware that there are cases which hold that a city has no power to tax for general city purposes, agricultural lands. The better rule, however, and one which leaves the regulation of these matters…
1Opinion of the CourtZaNE, C. J.
The defendant was charged with violating an ordinance of Kaysville City, in doing business as a merchant, without obtaining a license, tried before a justice of the peace and fined in the sum of $50.00, from which he appealed to the district court, which found him not guilty, and entered a judgment dismissing the suit. From this judgment the plaintiff has appealed to this court, and assigns it' as error.
The limits of Kaysville City, fixed by an act of the *167Legislature of the late Territory of Utah, embraces 14,220 acres of land. The city, so far as indicated by dwellings, or other buildings,…
2Cases cited14 opinions
- Morford v. UngerSupreme Court of Iowa · 1859
- Cheaney v. HooserCourt of Appeals of Kentucky · 1848
- Wells v. City of WestonSupreme Court of Missouri · 1856
- Bradshaw v. City of OmahaNebraska Supreme Court · 1871
- Buell v. BallSupreme Court of Iowa · 1866
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
- Kimball v. Grantsville CityUtah Supreme Court · 1899
- O'Neal v. WhitleySupreme Court of Georgia · 1933
- Atherton v. Village of Essex JunctionSupreme Court of Vermont · 1910