City of Delphi v. Hamling

This action was brought by the appellant to recover a penalty for the violation of sections one and five of an ordinance of said city.

The court below overruled a demurrer for want of facts to the third paragraph of the answer, and, appellant refusing *647to plead further, judgment was rendered in favor of appellee.

The assignment of errors calls in question the action of the court in overruling said demurrer.

Section one of said ordinance reads as follows:

“Any room where any spirituous, vinous, malt or other intoxicating liquors are sold, bartered or given away for the purpose of gain by virtue of…