State Ex Rel. Hawks v. City of Topeka

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of the trial court sustaining a demurrer to plaintiff’s petition. Appellant will hereinafter be referred to as plaintiff and appellees as the city or city of Topeka. Plaintiff’s action is a proceeding in the nature of quo warranto brought in the name of the state of Kansas on relation of the county attorney of Shawnee county against the city of Topeka, a municipal corporation, and the mayor and city commissioners of the city to question the validity of two ordinances of the city of Topeka; the first, by which…