Bowser & Co. v. Thompson
Court of Appeals of Kentucky
Case 44 — WRIT OF PROHIBITION 1. Section 181 of the Constitution mentions the things or subjects, which may be licensed, and as vehicles are not included in that enumeration, the ordinance imposing a license upon them is void. Levi v. City of Louisville, 97 Ky., 397; Taylor, McBean & Co. v. Chandler, 9 Heiskell (Tenn.), 349; City of Covington v. Woods, 17 Ky. Law Rep., 927. 2. Section 3011 of Ky.
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Case 44 — WRIT OF PROHIBITION 1. Section 181 of the Constitution mentions the things or subjects, which may be licensed, and as vehicles are not included in that enumeration, the ordinance imposing a license upon them is void. Levi v. City of Louisville, 97 Ky., 397; Taylor, McBean & Co. v. Chandler, 9 Heiskell (Tenn.), 349; City of Covington v. Woods, 17 Ky. Law Rep., 927. 2. Section 3011 of Ky. Statutes, and the license ordinance, are in conflict with section 171 of the Constitution. Levi v. City of Louisville, 97 Ky., 397; sec. 2980 Ky. Statutes; Gillman v. -City of Sheboygan, 2 Black U.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the cotjbt.
The appellants are coal dealers in the city of Louisville- and use a number drays for delivery of coal to their customers. An ordinance passed in pursuance of authority-conferred by the organic law of the city, prescribes, among other regulations as to vehicles, not necessary to set out here, a license fee of five (5) dollars for each dray drawn by two animals. To test the constitutionality of the section of the section of the statutes conferring the power to thus tax or license vehicles the appellants have brought this action.
*333The statute,…
2Cases cited1 opinion
- Levi v. City of LouisvilleCourt of Appeals of Kentucky · 1895
3Cited by8 opinions
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1917
- City of Henderson v. LockettCourt of Appeals of Kentucky · 1914
- City of Newport v. French Bros. Bauer Co.Court of Appeals of Kentucky · 1916
- City of Mayfield v. Carter Hardware Co.Court of Appeals of Kentucky · 1921
- Daily v. City of OwensboroCourt of Appeals of Kentucky (pre-1976) · 1934
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