City of Topeka v. Stahl

The opinion of the court was delivered by

Mason, J.:

On July 20,1910, the city of Topeka sued Frank M. Stahl, its petition setting out ten counts or causes of action. A general demurrer to the whole was sustained, and it appeals. The facts as stated in the first count were substantially as follows: In 1904 Stahl was chief of police. In that capacity he seized certain intoxicating liquor, upon a warrant issued by the police *682.judge, under color of an ordinance providing for its destruction under certain circumstances upon order of the police court. One E. S. Lee brought replevin for the liquor,…