City of Evarts v. Fuller

Opinion op the Court by

Judge Perry

Reversing.

This is an appeal from a judgment of the Harlan circuit court, decreeing a perpetual injunction against the city of Evarts et al. from prosecuting the warrants issued from its police court, charging plaintiffs with operating their respective businesses in the city without license or without paying a “privilege tax” therefor.

In April, 1934, the appellees (plaintiffs belo.w), who were all citizens of Evarts, and then engaged in different kinds of business in the city, brought this suit against the city of Evarts, its police judge, city policeman, and…