Matheny v. City of Hutchinson

The opinion of the court was delivered by

Smith, J.:

This was an action to enjoin the enforcement of a city ordinance.. Judgment was for the defendant. Plaintiff appeals. The petition of the plaintiff alleged that he was engaged in the *683business of the retail sale of cigarettes by means of cigarette vending machines; that in the year 1939 he produced a net profit, inclusive of the amount of city license tax, of ,$1,186.80 and paid as a commission to the merchants of Hutchinson $2,547.65 and a property tax of $150; that his business needed no city or police inspection, regulation or supervision…