Montgomery, Jr. v. Martin

Opinion by

Mr. Chief Justice Moschzisker,

Plaintiff filed a taxpayer’s bill against the auditor general of the Commonwealth and the state treasurer, asking that they be restrained from “preparing and printing any bonds for the purpose of issuing them ......under the supposed authority of that part of article IX, section 4, of the Constitution of Pennsylvania, as amended, which authorizes the State to issue bonds for the purpose of improving and rebuilding highways.” The injunction was awarded and this appeal followed.

The bill avers, inter alia, the facts, which we shall recite later, as to…