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HOUSE v. CITY OF TOPEKA

No. 39,582

178 Kan. 284 (1955)

286 P.2d 180

GEORGE W. HOUSE, et al., Appellants, v. CITY OF TOPEKA, et al., Appellees.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

Charles Rooney, of Topeka, argued the cause, and Charles Rooney, Jr., of Topeka, was with him on the briefs for the appellants.

James H. Hope, Assistant City Attorney, and Mark L. Bennett, of Topeka, argued the cause, and Fred Carman, City Attorney, Malcolm G. Copeland, Assistant City Attorney, John E. DuMars, and Clayton M. Davis, all of Topeka, were with them on the briefs for appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action to test the validity of an ordinance of the City of Topeka. The trial court held it to be valid. Plaintiffs have appealed.

The pertinent part of the ordinance in question reads:

"An ordinance prohibiting the sale of any groceries, meats or vegetables on Sunday; providing penalties therefor; and repealing Section 5-1506 of the Revised Ordinances of the City of Topeka...

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