Thomas v. Board of Examiners

MR. JUSTICE METCALF:

This is an original proceeding to enjoin the board of examiners of the state of Montana from issuing and selling University of Montana building bonds authorized by Chapter 249, Laws of 1947, and Chapter 88, Laws of 1949. The plaintiff is a citizen and taxpayer of the state of Montana whose property would be subject to increased tax if the bonds are valid.

The attorney general filed an answer admitting all the allegations of the plaintiff’s complaint and denying only the conclusions drawn by the plaintiff from those facts alleged. The attorney general affirmatively alleges…