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CITY OF CORPUS CHRISTI v. McCLAUGHERTY

No. 12873.

284 S.W.2d 927 (1955)

The CITY OF CORPUS CHRISTI, Texas, Appellant, v. L. C. McCLAUGHERTY, Doing Business Under the Firm Name of Hertz Driv-Ur-Self System, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 7, 1955.

Attorney(s) appearing for the Case

I. M. Singer, City Atty., Ellis M. Brown, J. F. Park, Asst. City Attys., Corpus Christi, for appellant.

Charles G. Lyman, Howard F. Sudduth, Corpus Christi, for appellee.

MURRAY, Chief Justice.

This City of Corpus Christi, Texas, instituted this suit against L. C. McClaugherty, doing business as Hertz Driv-Ur-Self System, seeking to recover sums alleged to be due it under the provisions of Ordinance No. 3258, levying a city permit fee of two per cent of gross receipts against defendant for the privilege of conducting his driverless automobile rental business within the city. The ordinance was attacked

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