Kendall v. Elliot

The opinion of the court was delivered by

Price, J.:

This case is an aftermath of school-district annexation proceedings, and is an action by taxpayers to enjoin the levy and collection of alleged illegal and unlawful taxes for school purposes.

Defendants demurred to the amended petition on the ground the court had no jurisdiction of defendants or the subject of the action; that plaintiffs had no legal capacity to sue, and that the amended petition failed to state facts sufficient to constitute a cause of action.

This demurrer was overruled.

Defendants then filed a motion to quash and dismiss the…