Legal Opinion

In re Kessler

Idaho Supreme Court

Decided February 10, 1915PublishedCited by 28 opinions

APPEAL from the District Court of the Third Judicial District for the County of Ada. Hon. Carl A. Davis, Judge. Petition for writ of habeas corpus. Petition granted. In the ease of Achenbach v. Kincaid, 25 Ida. 768, 140 Pac. 529, this court has held that every intendment shall be in favor of the constitutionality of the act in question.

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APPEAL from the District Court of the Third Judicial District for the County of Ada. Hon. Carl A. Davis, Judge. Petition for writ of habeas corpus. Petition granted. In the ease of Achenbach v. Kincaid, 25 Ida. 768, 140 Pac. 529, this court has held that every intendment shall be in favor of the constitutionality of the act in question. The right of the state to pass a law authorizing a license tax under police power for the purpose of revenue has been expressly recognized in the following eases: Nebraska Telephone Go. v. City of Lincoln, 82 Neb. 59, 117 N. W. 284; Salt Lake City v.…

1Opinion of the CourtMorgan, J.

This is an appeal from an order of the district court discharging from custody the respondent who had been arrested for and convicted of operating and driving a motorcycle upon the public highways of Ada county, Idaho, in violation of the provisions of chapter 179 of the Session Laws of 1913, in that he had not caused the said motorcycle to be registered nor paid the fee incident thereto.

Said chapter creates a State Highway Commission and provides, among other things, a comprehensive plan of state highway construction and improvement and of policing motor traffic upon the public highways.…

2Cases cited24 opinions

  1. Hendrick v. MarylandSupreme Court of the United States · 1915
  2. Vernor v. Secretary of StateMichigan Supreme Court · 1914
  3. State v. BarrettIndiana Supreme Court · 1909
  4. Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
  5. Matter of Application of SchulerCalifornia Supreme Court · 1914

19 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Diefendorf v. GalletIdaho Supreme Court · 1932
  2. Smallwood v. JeterIdaho Supreme Court · 1926
  3. Johnson v. DiefendorfIdaho Supreme Court · 1936
  4. State v. NelsonIdaho Supreme Court · 1923
  5. Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938

23 more not listed; retrieve them via the Exa API.

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