Littlefield v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Scott, J. The opinion contains a statement of the ease. The license fee cannot be sustained as an exercise of the taxing power.
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Error to the district court for Douglas county. Tried below before Scott, J. The opinion contains a statement of the ease. The license fee cannot be sustained as an exercise of the taxing power. (Dillon, Municipal Corporations, sec. 357; Templeton v. City of Teloamah, 32 Neb., 545.) The requirement of a license fee cannot be upheld as an exercise of police power, (Tiedeman, Municipal Corporations, sec. 123; City of Leavenworth v. Booth, 15 Kan., 627; Mühlenbrinck v. Long Branch Commissioners, 13 Yroom [N. J.], 364; City of St. Paul v. Traeger 25 Minn., 248.) cited: Tiedeman, Limitations of…
1Opinion of the CourtPost, J.
The plaintiff in error was by the district court for Douglas county found guilty of the violation of an ordinance of the city of Omaha, which prohibits the selling, or keeping for sale therein, of milk by any person without a license. From the judgment against him he has prosecuted proceedings in error to this court. The proposition upon which he relies for a reversal of the judgment of the district court is that the ordinance in question, in so far as it exacts the payment from him of a license fee of $10, is in excess of the authority conferred upon the city, and therefore void. The…
2Cases cited11 opinions
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- Smiley v. MacDonaldNebraska Supreme Court · 1894
- City of St. Paul v. TraegerSupreme Court of Minnesota · 1878
- City of Leavenworth v. BoothSupreme Court of Kansas · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Vernor v. Secretary of StateMichigan Supreme Court · 1914
- State v. McKinneyMontana Supreme Court · 1904
- In Re AmblerCourt of Criminal Appeals of Oklahoma · 1914
- Quong Wing v. KirkendallMontana Supreme Court · 1909
- Clough v. North Central Gas Co.Nebraska Supreme Court · 1948
14 more not listed; retrieve them via the Exa API.