McIntyre v. Clarkson

In this Court defendants demur ore tenus to plaintiff’s complaint on the grounds that it does not state facts sufficient to constitute a cause of action, and does not show that the plaintiff has sufficient legal interest to maintain the action.

Defendants contend that a resident, citizen and taxpayer, as such, does not have sufficient interest in the controversy to maintain an action, for himself and on behalf of others similarly situated, to- challenge the constitutionality of a statute providing for the appointment of justices of the peace for the county in which he resides and for payment…