City of Wichita v. Home Cab Co.

*698The opinion of the court was delivered by

Dawson, J.:

This was an action for a declaratory judgment to determine the validity of a city ordinance and to restrain the defendants from violating its provisions. Involved with it was a cross action in which defendants alleged that the ordinance was subject to certain vitiating infirmities, and prayed that the city and its officials be enjoined from enforcing it.

The ordinance, No. 11-366, provided that no person should operate a taxicab in Wichita, nor should a license be issued for that purpose under earlier ordinances on the same subject, Nos.…