Miller v. Town of Shattuck

Court of Criminal Appeals of Oklahoma

Miller v. Town of Shattuck

1914 OK CR 49, 138 P. 1197, 10 Okla. Crim. 663, 1913 Okla. Crim. App. LEXIS 378

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 29, 1913

DocketNo. A-1645.

StatusPublished

This text of 1914 OK CR 49 (Miller v. Town of Shattuck) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Town of Shattuck, 1914 OK CR 49, 138 P. 1197, 10 Okla. Crim. 663, 1913 Okla. Crim. App. LEXIS 378 (Okla. Ct. App. 1913).

Pincite

Opinion

PEE CUEIAM.

The plaintiff in error; T. N. Miller, was convicted in the justice of the peace court of the town of Shattuck on a charge of failing and refusing to pay an occupation tax imposed by the town ordinance of the town of Shattuck, and hi§ punishment' fixed at a fine o£ $25 and costs. Prom the proof in the record it clearly appears that the plaintiff 'in error failed and refused to pay the license tax lawfully imposed by the town ordinance of Shattuck, apparently on the ground that the city had no right to impose such tax. This is one of many appeals that have no place in this court. Town ordinances of incorporated towns that impose a lawful license tax on persons engaged in business in such towns should be observed, and when they are not observed, if legally adopted, the penalties provided should be applied. This appeal is wholly without merit. The judgment is therefore affirmed.

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PEE CUEIAM.

The plaintiff in error; T. N. Miller, was convicted in the justice of the peace court of the town of Shattuck on a charge of failing and refusing to pay an occupation tax imposed by the town ordinance of the town of Shattuck, and hi§ punishment' fixed at a fine o£ $25 and costs. Prom the proof in the record it clearly appears that the plaintiff 'in error failed and refused to pay the license tax lawfully imposed by the town ordinance of Shattuck, apparently on the ground that the city had no right to impose such tax. This is one of many appeals that have no place in this court. Town ordinances of incorporated towns that impose a lawful license tax on persons engaged in business in such towns should be observed, and when they are not observed, if legally adopted, the penalties provided should be applied. This appeal is wholly without merit. The judgment is therefore affirmed.

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Bluebook (online)

1914 OK CR 49, 138 P. 1197, 10 Okla. Crim. 663, 1913 Okla. Crim. App. LEXIS 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-town-of-shattuck-oklacrimapp-1913.