State ex rel. Worley v. Lewis
Citations
- 55 Fla. 570
Syllabus
<p>1. A municipal corporation can exercise only such powers as are granted to it in express terms, or those necessarily or fairly implied in or incident to the powers expressly granted, or those that are essential and indispensable, not simply convenient, to accomplish the objects and purposes of the corporation. Any fair, reasonable doubt -concerning the existence of any power is resolved by the courts against the corporation.</p> <p>2. Schedule B of Chapter 5597 of the Laws of 1907 authorizes the imposition of a license tax by cities of 1,000 to 3,000 inhabitants upon any express company having an office therein of a sum not to exceed $25.00, and Chapter 58x1 of the Laws of 1907 neither in express terms nor by implication authorizes the City of Jasper to impose such license tax for a greater amount than $25.00.</p> <p>3. An ordinance passed by a city having less than 3,000 inhabitants imposing a license tax of $50.00 upon express companies is unauthorized and illegal, and one arrested for the alleged violation thereof it entitled to be discharged from custody upon a writ of habeas corpus.</p>
Judges: Shackleford
Read full opinion on CourtListenerCited by
10 cases in this archive cite this case.
- Hardee v. BrownSupreme Court of Florida· 1908-06-15· cited 53×
- Ferguson v. McDonaldSupreme Court of Florida· 1913-12-17· cited 47×
- City of St. Petersburg v. Pinellas County Power Co.Supreme Court of Florida· 1924-04-02· cited 34×
- Anderson v. ShacklefordSupreme Court of Florida· 1917-07-02· cited 22×
- Pounds v. DarlingSupreme Court of Florida· 1918-01-21· cited 21×
- Ex parte DavidsonSupreme Court of Florida· 1918-08-13· cited 16×
- Waller v. OsbanSupreme Court of Florida· 1910-06-15· cited 14×
- Ex parte BevilleSupreme Court of Florida· 1909-06-15· cited 13×
- Wyeth v. WhitmanSupreme Court of Florida· 1916-06-29· cited 4×
- Southern Bell Telephone & Telegraph Co. v. Town of SurfsideDistrict Court of Appeal of Florida· 1965-06-29· cited 2×
Cites
4 cases in this archive are cited by this case.
- Jacksonville Electric Light Co. v. City of JacksonvilleSupreme Court of Florida· 1895-06-15· cited 38×
- Florida Central & Peninsular Railroad v. Ocala Street & Suburban RailroadSupreme Court of Florida· 1897-01-15· cited 17×
- Canova v. WilliamsSupreme Court of Florida· 1899-06-15· cited 17×
- Galloway v. Town of TavaresSupreme Court of Florida· 1896-01-15· cited 15×
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