City of Jackson v. Newman
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge, did not sit in this case, but Hon. J. B. Chrisman presided by interchange. The appellee brought this action of assumpsit against the appellant for sums of forty dollars which he averred the city for several years had compelled him to pay annually for the privilege of running a hack. The appellant pleaded nonassumpsit, and that the payments were voluntary.
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Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge, did not sit in this case, but Hon. J. B. Chrisman presided by interchange. The appellee brought this action of assumpsit against the appellant for sums of forty dollars which he averred the city for several years had compelled him to pay annually for the privilege of running a hack. The appellant pleaded nonassumpsit, and that the payments were voluntary. The payments were proved, and upon the evidence set out in the opinion, a jury being waived, the court gave judgment for the plaintiff. 1. Under the police power…
1Opinion of the CourtCooper, J.
The police power conferred upon the board of mayor and aldermen of the city of Jackson did not authorize them to so regulate the business of the residents of the town as to derive a revenue therefrom. The power to tax is a separate, independent power, and exists in municipal corporations only to the extent to which it is clearly conferred by their charters, and its existence cannot be implied or deduced from other powers conferred. The ordinances under which the collections were made from the appellee were clearly intended as means for raising revenue, and it is apparent that the fees…
2Cases cited3 opinions
- Ex parte TaylorMississippi Supreme Court · 1880
- City of Vicksburg v. J. & T. ButlerMississippi Supreme Court · 1878
- Town of Tupelo v. BeardMississippi Supreme Court · 1879
3Cited by6 opinions
- City of Ottumwa v. ZekindSupreme Court of Iowa · 1895
- Pitts v. City of VicksburgMississippi Supreme Court · 1894
- Town of Wesson v. CollinsMississippi Supreme Court · 1895
- King v. City of LouisvilleMississippi Supreme Court · 1949
- City of Chicago v. KlinkertAppellate Court of Illinois · 1901
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