Quong Wing v. Kirkendall
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Tlios. C. Bach, Judge. Action by Quong Wing against Thomas B. Kirkendall, county treasurer, to recover a license fee paid. From a judgment for plaintiff, defendant appeals. The legislature is not restricted by the Constitution, and therefore has full authority to impose a license tax either for regulation or for revenue, and the money received may be divided between the state and the counties.
Read the full summary
Appeal from District Court, Lewis and Clark County; Tlios. C. Bach, Judge. Action by Quong Wing against Thomas B. Kirkendall, county treasurer, to recover a license fee paid. From a judgment for plaintiff, defendant appeals. The legislature is not restricted by the Constitution, and therefore has full authority to impose a license tax either for regulation or for revenue, and the money received may be divided between the state and the counties. (State v. French, 17 Mont. 54, 41 Pac. 1078, 30 L. R. A. 415; State v. Camp Sing, 18 Mont. 128, 56 Am. St. Rep. 551, 44 Pac. 516, 32 L. R. A. 635;…
1Opinion of the CourtJustice Smith
Plaintiff brought this action in the district court of Lewis and Clark county to recover the sum of $10, which was exacted of him by the defendant as treasurer of that county. The complaint alleges: That plaintiff is engaged in what may be termed the hand laundry business; that there are steam laundries in operation in the county, the proprietors of which are not required to pay a license; that there is no difference between the plaintiff’s business and that of a steam laundry, “except that the plaintiff employs different agencies in the said business; that' is to say, this plaintiff uses…
2Cases cited14 opinions
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- Muller v. OregonSupreme Court of the United States · 1908
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Clark v. TitusvilleSupreme Court of the United States · 1902
- State v. Camp SingMontana Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cunningham v. Northwestern Improvement Co.Montana Supreme Court · 1911
- Mathison v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
- Hilger v. MooreMontana Supreme Court · 1919
- O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
- Hale v. County Treasurer of Mineral Co.Montana Supreme Court · 1928
20 more not listed; retrieve them via the Exa API.