State ex rel. County Attorney v. City of Topeka
Supreme Court of Kansas
Original Proceedings in Quo Warranto. The petition in this case, filed June 26, 1883, is as follows: “A. H. 'Vance, county attorney of the county of Shawnee, in the state of Kansas, who prosecutes for said state, comes now here unto the supreme court of the state of Kansas, and in behalf of said state gives the said court here to understand and be informed that: “ 1. The said city of Topeka is and for more than two years last past has been a city of the first class, which…
Read the full summary
Original Proceedings in Quo Warranto. The petition in this case, filed June 26, 1883, is as follows: “A. H. 'Vance, county attorney of the county of Shawnee, in the state of Kansas, who prosecutes for said state, comes now here unto the supreme court of the state of Kansas, and in behalf of said state gives the said court here to understand and be informed that: “ 1. The said city of Topeka is and for more than two years last past has been a city of the first class, which previously had been a city of the second class, and having no other corporate rights, privileges or powers than those…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This is an information in the nature of quo warranto, brought by the county attorney of Shawnee county in the name of the state, to oust the city of Topeka from exercising the power of licensing and imposing taxes or charges on persons for selling intoxicating liquors within the limits of the city, contrary to the constitution and statute of the state. To the petition the city demurs, and by so doing raises the question whether this proceeding can be maintained for the purpose of granting the relief prayed for. No claim is set up that the…
2Cases cited1 opinion
- Bucklin v. StateOhio Supreme Court · 1851
3Cited by11 opinions
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- State Ex Rel. Watkins v. FernandezSupreme Court of Florida · 1932
- State ex rel. Mitchell v. City of CoffeyvilleSupreme Court of Kansas · 1929
- State ex inf. Crow v. Armour Packing Co.Supreme Court of Missouri · 1903
- Wheeler v. CaldwellSupreme Court of Kansas · 1904
6 more not listed; retrieve them via the Exa API.