City of Winfield v. Hackney

The opinion of the court was delivered by

West, J.:

The city prosecuted the defendant for harboring a dog in violation of an ordinance, and upon appeal from conviction in police court it was held by the district court that the ordinance was void and the complaint was quashed. From this ruling the city appeals, and the principal question concerns the validity of the ordinance.

The statute (Gen. Stat. 1909, § 1395) authorizes the council of a city of the second class to regulate and prohibit the running at large of certain animals and to impound such as may be found running at large, and also…