State ex rel. Vance v. City of Topeka
Supreme Court of Kansas
Original Proceedings in Quo Warranto. Action brought in the name of The State by the county attorney of Shawnee county, to oust The Oity of Topeka from exercising the power of licensing persons to sell intoxicating liquors within the limits of the city, and taxing them for so doing. The facts are stated in The State, ex rel., v. Oity of Topeka, 30 Kas. 653, and in the opinion herein, filed at the February, 1884, session of the court.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is an action in the nature of quo warranto, brought by the county attorney, of Shawnee county in the name of the state of Kansas, to oust the city of Topeka from exercising the power of licensing persons to sell intoxicating liquors within the city limits, and of imposing license taxes or charges upon such persons for the supposed privileges granted to them by the city. The defendant demurred to the plaintiff’s petition upon nearly all the statutory grounds, which demurrer, after a careful consideration by the supreme court, was…
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