City of Topeka v. Wood

The opinion of the court was delivered by

Pollock, J.:

Appellee Wood was convicted in the police court of the city of Topeka of a violation of ordinance No. 2061 of said city, appealed to the district *810court of Shawnee county, and there filed his motion to dismiss the prosecution and for his discharge, upon the ground that said ordinance is void for want of authority in the city to enact the same. This motion was sustained, the complaint quashed, the defendant discharged, and costs adjudged against the city, which appeals to this court.

The appellee challenges the jurisdiction of this court. The…