Bates v. Mayor of Nome
District Court, D. Alaska
The plaintiff in this action alleges that he is a citizen of the United States, a qualified elector and a resident taxpayer of the city of Nome, and brings the suit on behalf of himself and all others similarly situated.
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The plaintiff in this action alleges that he is a citizen of the United States, a qualified elector and a resident taxpayer of the city of Nome, and brings the suit on behalf of himself and all others similarly situated. He alleges that he has substantial property interests within the corporate limits of Nome, subject to taxation, and taxed; that by reason of holding the election mentioned in the complaint there will necessarily result a great and useless expenditure of the public funds of said city of Nome out of its public treasury, to the irreparable loss and injury to the plaintiff and…
1Opinion of the Court
WICKERSHAM, District Judge.
The first question urged in the argument of the demurrer, though not specially raised by the demurrer itself, was that the plaintiff had no legal capacity to sue and maintain the action as a taxpayer or disfranchised elector. It is contended that the complaint does not state facts which show any such interest in the plaintiff as will justify the court in granting an injunction upon his application. The demurrer admits the truth of the allegations that the plaintiff is a taxpayer, and is taxed for the public fund; that, unless restrained, defendants will hold the…
2Cases cited9 opinions
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- State v. WrightsonSupreme Court of New Jersey · 1893
- State ex rel. Lewis v. EgglestonSupreme Court of Kansas · 1886
- Krieschel v. Board of County CommissionersWashington Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Femmer v. City of JuneauCourt of Appeals for the Ninth Circuit · 1938