State, Ex Rel. Litterst v. Smith

OPINION

By THE COURT:

This is an appeal on law and fact from a judgment in an action by relators as taxpayers to enjoin the county commissioners, the county auditor, and the county engineer from participating in the expenditure of any funds of Pike County for the maintenance, repair, or upkeep of two roads identified by name as “Stone Quarry” and the “Lazar and Bricker” Roads.

The defendants in the beginning contested the right of the plaintiffs as taxpayers to maintain this action on the ground that the Prosecuting Attorney had not refused to institute the action, but later the defendants…