Brown v. Nichols

Citations

• 93 Kan. 737
• 145 P. 561
• 1915 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — City Ordinance — Prohibiting Use of Streets for Certain Business Purposes Invalid. A city ordinance which, in effect, prohibits one who owns and operates a machine shop from using the streets in bringing and taking traction engines and heavy vehicles to and from his shop, and thereby arbitrarily deprives him of an opportunity to carry on his business, is unreasonable and void.</p> <p>2. Same — Enjoining Prosecution of Criminal Proceedings. Ordinarily a court will not enjoin the prosecution of a criminal proceeding, but the remedy of injunction may be employed to protect personal and property rights, although it may operate incidentally to restrain a prosecution under an invalid ordinance.</p>