Yancey v. City of Searcy

Ed. F. McFaddin, Justice.

Searcy is a city of tlie second class; and this is a suit brought by a citizen and taxpayer against the city and its officials to test the legality of certain purchases and plans contemplated by the city. The appellant, as plaintiff below, claimed that the city proposed to act ultra vires; the appellees (defendants below) in their answer detailed exactly how and why <the city was about to proceed. The appellant’s demurrer to the answer was overruled. Thereupon the appellant refused to plead further; and the chancery court dismissed the complaint for i^ant of equity.…