Town of Whitley v. Stephens

Opinion of the Court by

Judge Thomas

Reversing.'

This litigation, which was set in motion by the appellees (plaintiffs below), assails the validity of an ordinance passed by the board of trustees for the city of Whitley on August 25,1917, the purpose of which was to prevent the running of hogs at large within the cor*278porate limits of the town. The trial court adjudged the ordinance to be invalid, and to reverse that judgment the defendants prosecute this appeal.

The ordinance reads: “An ordinance making it unlawful for hogs to run at large in the town of Whitley, and prescribing penalty therefor.

“B…