State v. Camp Sing
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action to recover a license fee. Judgment was rendered for the defendant below by Speer, J., on demurrer to the complaint. Statement of the case by the justice delivering the opinion. The state appeals from a judgment rendered against it upon ■the sustaining of defendant’s demurrer to the complaint.
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Appeal from Second Judicial District, Silver Bow County. Action to recover a license fee. Judgment was rendered for the defendant below by Speer, J., on demurrer to the complaint. Statement of the case by the justice delivering the opinion. The state appeals from a judgment rendered against it upon ■the sustaining of defendant’s demurrer to the complaint. The state brought the action to recover a license fee of $50, alleged to be due from defendant for conducting the laundry business for six months, and also for costs and penalties amounting to $17. Tbe statute under which the state claimed…
1Opinion of the Court
De Witt, J-
Does section' 4 of Article XII of the consti-*137tntion prohibit the legislature from passing a law such as section 4079, Political Code of 1895, imposing a license tax upon persons and corporations doing business in the state, when part of the proceeds of such license tax goes to the county; and can such license tax be imposed only by the county, which is part recipient of the funds collected in pursuance of such statute? This important question could have been reached in the case of State ex rel. Sam Toi v. French, 17 Mont. 54. It was within our contemplation at the time of writing…
2Cases cited10 opinions
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- State ex rel. Woods v. TookerMontana Supreme Court · 1894
- Rundell v. . LakeyNew York Court of Appeals · 1869
- State ex rel. Toi v. FrenchMontana Supreme Court · 1895
- People v. MartinCalifornia Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- Hilger v. MooreMontana Supreme Court · 1919
- Leonardson v. MoonIdaho Supreme Court · 1969
- State Ex Rel. Diederichs v. State Highway CommissionMontana Supreme Court · 1931
- State v. McKinneyMontana Supreme Court · 1904
62 more not listed; retrieve them via the Exa API.