Mississippi Supreme Court, 1883

Hendon v. State

Mississippi Supreme Court · Decided October 15, 1883 · Chalmers

61 Miss. 146

Cases that cite this one

1 later published case cites this decision.

Bailey v. Montgomery Ward & Co. (Miss. 1955)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Chalmers, J.,

delivered the opinion of the court.

The revenue law of the State imposes a privilege tax of fifty dollars “ on each agency for sewing-machines,” and a tax of ten dollars “ on each agent for sewing-machines of each company;” and punishes by fine those who pursue these avocations without having paid the tax. The taxis imposed on two persons or things, to wit: on each agency for seAving-machines, and on each agent for a sewing-machine company. Unless, therefore, a person is either the head of an agency for seAving-machines or the agent for a sewing-machine company he is not liable to indictment. The appellant AATas *148indicted for carrying on “the business of a sewing-machine agent.” Under the law he was not indictable unless he was the agent of a sewing-machine company, and that he was such is not charged. He may have been acting as the agent of a private person or dealer. The motion to quash should have been sustained.

Reversed and indictment quashed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.