Kansas City Breweries Co. v. City of Kansas City

Citations

• 96 Kan. 731
• 153 P. 523
• 1915 Kan. LEXIS 480

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities op First Class. A city of the first class has capacity to sue and be sued.</p> <p>2. Intoxicating Liquors — Common Nuisance — Petition States Cause of Action. A cross-petition filed by a defendant city, which cross-petition states that the plaintiff is doing certain specific acts, which acts are in violation of the intoxicating-liquor laws of this state and the ordinances of the defendant city, and which constitute a common nuisance as defined by the law of the state and the ordinances of the city, and asks for an injunction against the doing of these acts, states a cause of action.</p> <p>3., Same — When Prosecution Must be in Name of State. An action prosecuted by the mayor and the chief of police of a city to enjoin and abate a liquor nuisance must be prosecuted by them as citizens of the county and in the name of the state.</p> <p>4. Same — City May Prosecute Suit to Abate Liquor Nuisance. Any city of this state may prosecute an action to enjoin and abate an intoxicating-liquor nuisance operating within its limits.</p> <p>5. Same — Moving Vehicle May Become a Common Nuisance. A vehicle moving about from one place in the city to another while engaged in selling intoxicating liquors, in violation of law and of the ordinances of the city, is a “place” within the meaning of section 4387 of the General Statutes of 1909 and of city ordinances which prohibit nuisances as defined in that statute.</p> <p>6. Same — Imported Liquors — When Not Interstate Commerce. Intoxicating liquors brought into this state from another state and intended by those who send it or those who receive it to be used in violation of the law of this state are not articles of interstate commerce.</p>