State Ex Rel. Stubbs v. Wallace

In his present brief the respondent renews the objections presented by his demurrer to the amended petition. The first of these is the relator’s alleged lack of legal capacity to maintain this action. It is insisted that he is required to show a direct, special and pecuniary interest separate and distinct from that of the general public and has failed to do so. He has filed the action as a citizen and taxpayer of-this state on behalf of himself and all other taxpayers of the state and also on behalf of the state itself. Furthermore he is the owner of a motor vehicle for which he has paid the…