Overton v. City of Vicksburg

Mississippi Supreme Court March 15, 1893

Overton v. City of Vicksburg, 70 Miss. 558 (Miss. 1893)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

• The facts of this case bring it fully' within the rule declared in Robbins v. Shelby County, 120 U. S., 489, and Asher *560v. Texas, 128 U. S., 129 (followed, reluctantly and with manifest disapproval, in State v. Agee, 83 Ala., 110, and Ex parte Murray, 93 Ib.,. 78, and Simmons v. McGuire, 39 La. An., 848, and Wrought Iron Co. v. Johnson, 84 Ga., 754, and McLaughlin v. South Bend, 126 Ind., 471); and so long as the view on which that rule was announced shall prevail with the supreme court of the United States, however erroneous it may be regarded by the courts of the states, they must recognize and apply it.

Constrained by the authoritative decisions of the supreme coux’t of the United States on this fedex’al question, our duty is to reverse the judgment of the circuit coux’t.

Reversed and remanded.

Reference

Full Case Name: H. M. Overton v. The City of Vicksburg
Cited By: 2 cases
Status: Published
Syllabus: 1. Interstate Commerce. License tax. Citizen of another state. A city ordinance imposing a license tax on transient peddlers, so far as it applies to a non-resident traveling agent selling goods by sample for a corporation in another state, though the goods are sent to him for delivery, is void as an attempt to regulate interstate commerce. Asher v.. Texas, 128 U. S., 129, followed. 2. Federal Question. United States supreme court. Decisions authoritative. This court will consider authoritative the decisions of the supreme court of the United States on a federal question.