Fischer v. Marsh

Evans, j.

In this action the plaintiff, the appellant herein, seeks to enjoin the auditor of public accounts “from issuing or delivering any warrant upon” the equipment and material fund, “or upon any other fund, for the payment of gasoline or oils or supplies or materials of any kind in carrying on and conducting” a gasoline station in the city of Lincoln in which gasoline is sold to the public.

On final hearing the trial court found there was “no equity in the petition” and dismissed the action.

There is no controversy as to facts, which are as follows: The department of public works has…