16 Kan. 143 | Kan. | 1876
The opinion of the court was delivered by
The facts of this case are substantially as follows: On July 21st 1871 the city of Salina was and has since hitherto been a city of the third class. On that day said city passed an ordinance providing for the issuance
The defendant claims that all the proceedings connected with this case from the beginning to the end were void; that the ordinance was void; that the proceedings before the police judge were void; that the proceedings in the district court were void; that neither court had any jurisdiction to try the defendant for such supposed offense; and that the district court committed other errors during the trial of the cause. Every claim of the defendant however we th.ink is untenable, and therefore every question raised by him must be decided against him. The said ordinance is valid. (Dramshop Act, Gen. Stat., pp. 399, 400, §§ 1, 2, 3; Laws of 1869, pp. 86, 87, §§ 28 and 29, and especially subdivisions 4 and 5 of § 29; Laws of 1871, ch. 60, §§ 23, 48, 50, 66, 94; Laws of 1872, p. 234, § 2; The State v. Pittman, 10 Kas. 593, 597; City of Emporia v. Volmer, 12 Kas. 622, 633; Neitzel v. City of Concordia, 14 Kas. 446; Williams & Pattee v. Louis, 14 Kas. 605.) And said courts had jurisdiction to try the cause.
Even if said liquor had been sold for medical purposes only, the defendant would still have been liable.
The judgment of the court below must be affirmed.