Ferguson v. Gardner

PARKER, J., pro tem.

P laintiff, as a taxpayer, commenced an action against defendants, seeking certain relief to be herein more fully detailed. Defendants filed a general demurrer to the complaint, which demurrer was sustained by the court below and plaintiff was allowed ten days to amend. Plaintiff declined to amend, and, the time elapsing, a judgment was entered that plaintiff take nothing and that the relief sought be denied.

The question before us for review is on the sufficiency of the complaint as against a general demurrer.

The complaint alleges: That the plaintiff is a ' citizen,…