Hively v. School City of Nappanee

The appellant, as a resident taxpayer, brought this action to enjoin the school city of Nappanee, its trustees, and the Nappanee Building Company from entering into a lease contract made under the provisions of Acts 1927, ch. 223, for the construction of a school building. Appellees’ demurrer to appellant’s amended complaint was sustained, and, upon appellant’s refusal to plead further, judgment was rendered against him. The ruling on the demurrer is assigned as error.

The amended complaint alleges: That the building company is an Indiana corporation organized for the purpose of acquiring a…