City of Olathe v. Adams
Supreme Court of Kansas
Appeal from, Johnson District Court. Adams and another were charged before the police judge of the city of Olathe, on the oath of E. M. F., with having “kept open” their dramshop or saloon, in said city, “on the 4th day of July 1874,” contrary to a certain ordinance passed and approved April 21st 1874. The defendants removed the case by appeal to the district court, where it was tried, at the November Term 1874, upon the following agreed facts: “The plaintiff, the City of…
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Appeal from, Johnson District Court. Adams and another were charged before the police judge of the city of Olathe, on the oath of E. M. F., with having “kept open” their dramshop or saloon, in said city, “on the 4th day of July 1874,” contrary to a certain ordinance passed and approved April 21st 1874. The defendants removed the case by appeal to the district court, where it was tried, at the November Term 1874, upon the following agreed facts: “The plaintiff, the City of Olathe, is now and was at the time of the filing of the information in this cause a city of the second class, duly…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a prosecution by the city of Olathe against E. W. Adams and N. Julien for keeping open a dramshop on the Fourth of July 1874, in violation of a city ordinance. The prosecution was commenced before the *394police judge. The defendants were there found guilty, and they then appealed to the district court. In the district court they were acquitted, and the city now appeals to this court. The city claims that the prosecution is in its nature a criminal action, (and we think the city is correct; Neitzel v. City of Concordia, 14 Kas. 446;)…
2Cases cited2 opinions
- Neitzel v. City of ConcordiaSupreme Court of Kansas · 1875
- State v. WalterSupreme Court of Kansas · 1875
3Cited by6 opinions
- State v. Pittsburg Paving Brick Co.Supreme Court of Kansas · 1924
- Cox v. StateSupreme Court of Kansas · 1971
- City of Burlington v. JamesSupreme Court of Kansas · 1876
- State v. CrosbySupreme Court of Kansas · 1877
- City of Oswego v. BeltSupreme Court of Kansas · 1876
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