Legal Opinion

Ineichen v. City of Anniston

Alabama Court of Appeals

Decided June 16, 1914PublishedCited by 3 opinions

Appeal from Calhoun Circuit Court. Heard before Hon. Htjgi-i D. Merrill. U. S. Ineichen was convicted of violating a municipal ordinance of the city of Anniston and he appeals. Under the evidence in this case the defendant was protected by the interstate commerce law and was not subject to license. —In re A.gnew, Am. Anno. Cases, 1912, see page 76; State v. Echenrode, 148 Iowa, 173; 131 N. W. 817; 170 Fed. 449; 104 Am.

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Appeal from Calhoun Circuit Court. Heard before Hon. Htjgi-i D. Merrill. U. S. Ineichen was convicted of violating a municipal ordinance of the city of Anniston and he appeals. Under the evidence in this case the defendant was protected by the interstate commerce law and was not subject to license. —In re A.gnew, Am. Anno. Cases, 1912, see page 76; State v. Echenrode, 148 Iowa, 173; 131 N. W. 817; 170 Fed. 449; 104 Am. St. Rep. 283; 181 Fed. 551; 61 N. W. 1001. We think under the facts in this case bring it clearly within the doctrine laid down in the cases of Stratford v. City of Montgomery,…

1Opinion of the CourtThomas, J.

The municipal ordinance, for a violation of which defendant was convicted, prohibited the carrying on of any. business for which a license was required without first taking out and paying for such license, and among the persons required to take out such a license were dealers in or agents for the sale of pianos or organs.

The defendant, appellant here, admits that he is an agent for the sale of pianos, but contends that the ordinance has no application to him for the reason, as insisted, that he is protected from the payment of the tax levied on account of the fact that in such agency he…

2Cases cited8 opinions

  1. Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
  2. Stockard v. MorganSupreme Court of the United States · 1902
  3. Stratford v. City Council of MontgomerySupreme Court of Alabama · 1895
  4. Keith v. StateSupreme Court of Alabama · 1890
  5. Wind v. Iler & Co.Supreme Court of Iowa · 1895

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

3Cited by3 opinions

  1. Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
  2. Jell-O Co. v. BrownDistrict Court, W.D. Washington · 1926
  3. City of Birmingham v. Sales Promotions, Inc.Alabama Court of Appeals · 1960

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