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CITY OF DERBY v. HIEGERT

No. 40,905

183 Kan. 68 (1958)

325 P.2d 25

THE CITY OF DERBY, KANSAS, Appellant, v. BETTY HIEGERT, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

Jerry L. Griffith, city attorney, of Derby, argued the cause and was on the briefs for the appellant.

Milo M. Unruh, of Wichita, argued the cause, and Edward F. Arn, Richard F. Mullins, William P. Timmerman and H.R. Kuhn all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Defendant (appellee) was arrested, tried and found guilty of violation of city ordinance No. 439 in the police court of Derby, and was fined $100. The district court of Sedgwick county, on appeal, found the defendant not guilty on the ground that the city had no statutory authority to enact the ordinance. The city of Derby (plaintiff, appellant), a city of the second class, reserved the legal question of...

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