Smith v. Steinrauf

The opinion of the court was delivered by

Burch, J.:

The action was one to enjoin enforcement against plaintiff of an ordinance of the city of Topeka relating to the keeping of cats. A demurrer to the petition was sustained, and plaintiff appeals. A copy of the ordinance is appended hereto.

Defendants are the chief of police and the police judge of the city. The petition alleged plaintiff kept more than five cats more than six months old, and, at the argument, it was stated the number was eight. The petition alleged that, unless enforcement of the ordinance against plaintiff was enjoined, he…