Losee v. Hettich

I cannot agree with the majority opinion holding that taxpayers may not enjoin payment under an illegal or unauthorized contract if the court finds that the indebtedness is just and equitable and the parties acted in good faith.

It .is well settled that taxpayers are entitled to maintain a suit to enjoin illegal action by public officers. Graves v. Jasper School Township; 2 S. D. 414, 50 N.W. 904; Weatherer v. Herron, 25 S. D. 208, 126 N.W. 244; Hoekman v. Iowa Civil Township, 28 S. D. 206, 132 N.W. 1004. Whether a contract for public work is to be entered into through private negotiations or…