Berkey v. City of Elkhart

This action originated in the city court of the appellee, and by it the appellee sought to recover a penalty, provided by ordinance, for permitting persons, on Sunday, to enter, congregate ór remain in any place where intoxicating liquors are sold, on secular days, to be used on the premises where sold. The circuit court, on appeal, overruled the appellant’s demurrer to the complaint, which ruling is here assigned as error.

Thereupon the appellant answered, first, in general denial, and, second, setting up thejerovisions of the ordinance charged to have been violated, and alleging the…