Town of Farmington v. Mumma

OPINION OF THE COURT

SIMMS, J.

The one.question presented by this appeal is whether the trial court correctly sustained the demurrer of the defendant. The plaintiff stood upon its complaint and suffered a judgment of dismissal.

In its complaint, the plaintiff town alleged, in substance, the following state of facts: In the year 1911, a bond issue of $50,000 was voted for waterworks. The system cost $10,000 in excess of the bond issue, and for this excess the town executed notes or warrants, unlawfully. In the year 1916, the town authorities conceived the plan of getting a representative of all…