State v. Young
Supreme Court of Kansas
Criminal Appeal from Shawnee County. The indictment in this case, found by the grand jury of Shawnee county, May 24th, 1865, charged that the defendants, in said county on May 1st, 1865, in a tippling house, alias dram shop, called “ Young’s Saloon,” in the City of Topeka in said county, sold and retailed a gill of whisky to one Theodore Mills, without license as a grocer, dram shop keeper, beer house keeper or tavern keeper.
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Criminal Appeal from Shawnee County. The indictment in this case, found by the grand jury of Shawnee county, May 24th, 1865, charged that the defendants, in said county on May 1st, 1865, in a tippling house, alias dram shop, called “ Young’s Saloon,” in the City of Topeka in said county, sold and retailed a gill of whisky to one Theodore Mills, without license as a grocer, dram shop keeper, beer house keeper or tavern keeper. The defendant pleaded first; that the City of Topeka was at the time a duly incorporated city, reciting the acts of incorporation, “ which said charter and acts of…
1Opinion of the Court
By the Courts
Crozier, C. J.
The sufficiency of the pleas of the defendants is the only question presented by this record.
As to the first one, the question is whether Topeka is an incorporated city under the legislation referred to in the plea, and with reference to this, there can scarcely be a doubt. The very manifest intention of the legislature was to confer upon the authorities of Topeka powers and privileges similar to those conferred upon the authorities of the city of Leavenworth by the act of 1866 as amended in 1867. This was effectually done by the supplemental act of 1858, thereby…
2Cited by14 opinions
- In re ClohertyWashington Supreme Court · 1891
- City of Emporia v. VolmerSupreme Court of Kansas · 1874
- State ex rel. Godard v. JohnsonSupreme Court of Kansas · 1900
- Ruland v. City of AugustaSupreme Court of Kansas · 1926
- Prell v. McDonaldSupreme Court of Kansas · 1871
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