Legal Opinion

Kopelman v. Toledo (City)

Lucas Circuit Court

Decided March 22, 1907Published

ERROR Lucas common pleas court. Power of municipality to recover license fees. City ordinances page 369; Cincinnati v. Beauhausen, 10 Dec. Re. 652 (22 Bull. 42Í) ; State v. Hibbard, 3 Ohio-63; State v. Gazlay, 5 Ohio 14; Dillon, Mun. Corp. (4 ed.) Sec. 818; Cooley, Taxation (3 ed.) 836; Philadelphia v. Telephone Co. 109 Fed.

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ERROR Lucas common pleas court. Power of municipality to recover license fees. City ordinances page 369; Cincinnati v. Beauhausen, 10 Dec. Re. 652 (22 Bull. 42Í) ; State v. Hibbard, 3 Ohio-63; State v. Gazlay, 5 Ohio 14; Dillon, Mun. Corp. (4 ed.) Sec. 818; Cooley, Taxation (3 ed.) 836; Philadelphia v. Telephone Co. 109 Fed. Rep. 55; Templeton v. Tekamah (City), 32 Neb. 542 [49 N. W. Rep. 373]; State v. Green, 27 Neb. 64 [42 N. W. Rep. 913] ; Nexo York (Mayor) v. Bailway, 118 N. Y. 389 [23 N. E. Rep. 550]; State v. Bank, 84 Tenn. Ill; New Castle v. Electric Co. 16 Pa. Co. Ct. Rep. -663;…

1Opinion of the CourtParker, J.

On August 28, 1906, the city of Toledo brought an action against Isaac Kopelman to recover from him $100, which the city claimed was due from him as a debt to the city on account of his having carried on the business of pawnbroker in the city from March 1, 1905, until March 1, 1906. Kopelman denied that he was indebted to the city on this account, and plead specially that on July 5, 1904, h'e paid a license fee of $100 to the city, whereupon a license was issued to him by the mayor of the city, licensing him as a pawnbroker. For how long a period this license was to run is not stated in the…

2Cases cited4 opinions

  1. City of Lexington v. WilsonCourt of Appeals of Kentucky · 1904
  2. State v. GreenNebraska Supreme Court · 1889
  3. Templeton v. City of TekamahNebraska Supreme Court · 1891
  4. State v. Nashville Savings BankTennessee Supreme Court · 1885

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