Legal Opinion · Dissent

City of Topeka v. Boutwell

Supreme Court of Kansas

Decided January 15, 1894Published

Error from Shawnee District Court. D. W. Boutwell brought suit in the district court of Shawnee county against the City of Topeka, D. C. Metsker, its mayor, John F. Carter, Joseph Reed, Pat. Wilson, J. W. Gardiner, Henry Bernard, John Ewing, and Ben Williams, charging them with assault and battery, false imprisonment, and other wroDgs and indignities connected with such imprisonment, for which he demanded damages.

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Error from Shawnee District Court. D. W. Boutwell brought suit in the district court of Shawnee county against the City of Topeka, D. C. Metsker, its mayor, John F. Carter, Joseph Reed, Pat. Wilson, J. W. Gardiner, Henry Bernard, John Ewing, and Ben Williams, charging them with assault and battery, false imprisonment, and other wroDgs and indignities connected with such imprisonment, for which he demanded damages. A demurrer on the part of the city of Topeka to the petition was sustained. Demurrers of the other defendants were overruled. Metsker, by his answer, denied generally the…

1Dissent

HoetoN, C. J.:

I do not assent to all that is stated in the foregoing opinion. I supposed that the power of a city to require city prisoners committed to the city jail to work was no longer a subject of contention in this state, but it is questioned again in this case. (In re Dassler, 35 Kas. 678; The State, ex rel., v. City of Topeka, 36 id. 76; In re McCort, 52 id. 18.) In the latter case, it was expressly held by this court that “the law permits, but does not require, city authorities to cause city prisoners to work on the streets and public grounds of the city.” In the opinion prepared in…

2Cases cited15 opinions

  1. In Re MillsSupreme Court of the United States · 1890
  2. Ex Parte KarstendickSupreme Court of the United States · 1876
  3. State v. PetersonSupreme Court of Minnesota · 1888
  4. Vanvabry v. StatonTennessee Supreme Court · 1890
  5. In re WheelerSupreme Court of Kansas · 1885

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