City of Newton v. Atchison
Supreme Court of Kansas
Error from Harvey District Court. Action by T. B. Atchison and another, (partners as Atchison & Knowlton,) and others, against the City of Newton .and three others, to perpetually enjoin said city and its officers from enforcing against plaintiffs, as hardware and implement merchants therein, a certain ordinance levying a business license tax against them.
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Error from Harvey District Court. Action by T. B. Atchison and another, (partners as Atchison & Knowlton,) and others, against the City of Newton .and three others, to perpetually enjoin said city and its officers from enforcing against plaintiffs, as hardware and implement merchants therein, a certain ordinance levying a business license tax against them. March 6, 1883, Hon. L. Houk, judge of the district court, at chambers, overruled defendants’ motion to dissolve a temporary order of injunction theretofore granted in favor of plaintiffs. This ruling the defendants bring to this court. The…
1Opinion of the Court
The opinion of the court was delivered by.Brewer, J.:
The question in this case is as to the validity of a certain ordinance of the city of Newton, providing for the levy and collection of a license tax. It is the same ordinance which was presented in the case of MoGrath v. City of Newton, 29 Kas. 364. In that case certain technical objections to the validity of the ordinance as a whole were considered and disposed of. But a full inquiry into all the questions discussed by counsel was declined, on the ground that by reason of a manifest misjoinder of causes of action the ruling of the district…
2Cases cited35 opinions
- Case of the State Tax on Foreign-Held Bonds. Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- Society for Savings v. CoiteSupreme Court of the United States · 1868
- Hamilton Co. v. MassachusettsSupreme Court of the United States · 1868
- Bank Tax CaseSupreme Court of the United States · 1865
- Hill v. HigdonOhio Supreme Court · 1855
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3Cited by54 opinions
- Steward MacHine Co. v. DavisSupreme Court of the United States · 1937
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Wheeler v. WeightmanSupreme Court of Kansas · 1915
- Callaway v. City of Overland ParkSupreme Court of Kansas · 1973
49 more not listed; retrieve them via the Exa API.