Johnson v. Young

In 1926 appellant, as a taxpayer of Power county, filed notice of appeal to the district court, under C. S., sec. 3509, from an order of the Board of County Commissioners.

Immediately upon the opening of the trial in 1927, counsel for the board urged that it was incumbent upon appellant to first show his qualification as a taxpayer as a condition precedent to his right to so appeal. Over appellant’s objection the court indicated it was, and after some evidence was introduced held that appellant was not a taxpayer under C. S., sec. 3509, and entered a judgment of dismissal.

Two questions are…