Bidlingmeyer v. City of Deer Lodge

MR. JUSTICE ANGSTMAN:

Plaintiffs, as taxpayers upon property situated in the city of Deer Lodge, brought this action to enjoin and restrain defendants from selling bonds, letting any contract, or doing any act necessary to making Main street in the city of Deer Lodge a part of “Federal Aid Highway” commonly known as U. S. highway No. 10 south.

A general demurrer to the complaint was sustained. Plaintiffs electing not to plead further, judgment in favor of defendants was entered from which plaintiffs have appealed.

Respondents on March 3, 1954, filed a motion to dismiss the appeal on the ground…