Stebbins v. Mayer
Supreme Court of Kansas
Error from Harvey District Court. In March, 1881, H. M. Stebbins was a resident of the city of Newton, Kansas, a city of the second class, and was then and there the owner of a certain dog alleged to be worth from $50 to $75. On March 14, 1881, Henry Mayer, who was then the marshal of said city, shot and killed the dog aforesaid; and thereupon Stebbins brought this action against Mayer to recover the value thereof.
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Error from Harvey District Court. In March, 1881, H. M. Stebbins was a resident of the city of Newton, Kansas, a city of the second class, and was then and there the owner of a certain dog alleged to be worth from $50 to $75. On March 14, 1881, Henry Mayer, who was then the marshal of said city, shot and killed the dog aforesaid; and thereupon Stebbins brought this action against Mayer to recover the value thereof. The defendant admitted that he killed the dog, but justified the killing by virtue of a certain ordinance of said city, entitled “An ordinance prohibiting animals from running at…
1Opinion of the Court
*576Opinion by
Clogston, C.:
The principal question now to be determined is, whether the ordinance under which the justification was made by the marshal is valid. All the other questions raised by plaintiff in error on said ordinance have been passed upon by this court, and adversely to the plaintiff's claim. (See The State, ex rel., v. City of Topeka, 36 Kas. 76.) If this ordinance is valid, then the judgment of the court must be affirmed. Section 9, chapter 19, Comp. Laws of 1885, provides “that no ordinance shall contain more than one subject, which shall be clearly expressed in its title.'' The…
2Cases cited3 opinions
- City of Emporia v. VolmerSupreme Court of Kansas · 1874
- State ex. rel. Curtis v. City of TopekaSupreme Court of Kansas · 1886
- Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
3Cited by7 opinions
- Ajax v. GregoryWashington Supreme Court · 1934
- Madden v. StateSupreme Court of Kansas · 1904
- City of Winfield v. HackneySupreme Court of Kansas · 1912
- Missouri Pacific Railway Co. v. City of WyandotteSupreme Court of Kansas · 1890
- Best v. BroadheadIdaho Supreme Court · 1909
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