Johnson v. City of New Orleans

The opinion of the court was delivered by

Blanchard, J.

Plaintiffs, Peter Johnson and E. J. Dare, appear as citizens and taxpayers of the city of New Orleans, and complain of the official action of the Common Council. In so far as that action may be illegal, and may result to the prejudice of themselves in common with their fellow taxpayers, they have the right to implead the city government. Handy vs. New Orleans, 39 La. Ann. 108.

But a suit thus instituted by taxpayers against a municipality must be a loona fide proceeding on their part, having the object to assert and protect their individual…