Harbage v. Tracy, Aud.

OPINION

By GEIGER, J.

These two cases are before this court on appeal on question of law and fact from the court below. Counsel have stipulated as to the facts in this case and have'filed voluminous briefs. The questions raised may be best understood by examining the allegations of the • pleadings below.

We take up first those involved in case No. 3027. It is alleged that the plaintiff is a taxpayer and the defendant is the acting auditor of state, sued in that capacity. The plaintiff petitions the court for a temporary and permanent injunction restraining defendant from paying to the members of…