State Ex Rel. Commercial Investors Corp. v. Zangerle

By the Court.

The taxpayer’s action to enjoin the improvement and the respondent from issuing the voucher to the relator was begun May 22, 1932. The present case was instituted by the relator on June 7th following. The sole question for determination then becomes whether the pendency of the taxpayer’s action, to enjoin this public improvement and to restrain the respondent from issuing the voucher, requires this court to reach the conclusion that a clear right to the mandatory writ prayed for is not shown, there being no affirmative showing that the taxpayer’s suit was not instituted in good…