City of Emporia v. Volmer
Supreme Court of Kansas
Appeal from Lyon District Court. This action was commenced in the police court of the city of Emporia in June 1872, and removed by Volmer to the district court, by appeal, where it was tried at the March Term 1873. The facts and proceedings are nearly the same as in the case, ante, p. 622, except that the complaint charged that the appellant, Volmei-- “On the 4th of June 1872, and ever since May 31st 1872, within the corporate limits of said city of Emporia, did then and…
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Appeal from Lyon District Court. This action was commenced in the police court of the city of Emporia in June 1872, and removed by Volmer to the district court, by appeal, where it was tried at the March Term 1873. The facts and proceedings are nearly the same as in the case, ante, p. 622, except that the complaint charged that the appellant, Volmei-- “On the 4th of June 1872, and ever since May 31st 1872, within the corporate limits of said city of Emporia, did then and there keep, and ever since has kept, a tippling shop at and in a certain one-and-one-half story frame building known as the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Nearly all the questions in this case have been considered and decided in the case between the same parties, in which the opinion has just been filed, ante, p. 622. One question arises here, which requires notice. This prosecution was commenced about a year before that just decided. At that time there was no ordinance licensing, but one prohibiting, tippling shops. The first two sections of said ordinance are as follows:
“Sec. 1. All tippling shops, and the keeping thereof; are hereby prohibited within the corporate limits of the city of…
2Cited by5 opinions
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- Simpkins v. StateCourt of Criminal Appeals of Oklahoma · 1926
- Lambertz v. Abilene Flour Mills Company, Inc.Supreme Court of Kansas · 1972
- Williams v. LouisSupreme Court of Kansas · 1875
- Rauscher v. St. Benedict's CollegeSupreme Court of Kansas · 1973