State v. Turgeon, Bldg. Commr.

SULLIVAN, PJ.

In the first place, it must be observed that this is not a taxpayer’s suit, and it does not appear anywhere in the record that the rights of the general public are in issue, but, on the contrary, it is clear and conclusive that it is only a private individual right that is projected from the allegations of the petition for the writ of mandamus. The sections above quoted specifically apply to the suit of a taxpayer of a corporation, and it is well settled that it is the plain purpose and intent of these statutes to prevent a municipal corporation from becoming a plaintiff in court…