City of Toledo v. Kohlhofer

This is an appeal by the city of Toledo on questions of law from a judgment of the Municipal Court of Toledo sustaining a demurrer and dismissing an affidavit charging that the defendant “did, at 2 N. Erie Street in the city of Toledo, Ohio, sell, offer for sale and did exhibit a device or article, to wit: a rubber device commonly known as a condom, intended for the prevention of conception, the same being contrary to Section 17-10-8 of the Municiple [sic] Code for the city of Toledo, Ohio.”

Although no provision is made for an appeal from a judgment adverse to a municipality in Chapter 2953…