State Ex Rel. Morgan v. State Board of Examiners

MR. JUSTICE ADAIR:

(dissenting).

The plaintiff, John D. Morgan, a taxpayer, commenced this suit by filing, direct in this state’s highest appellate court, a complaint seeking a declaratory judgment, under the Uniform Declaratory Judgments Act, R.C.M. 1947, sections 93-8901 through 93-9816, declaring a proposed bond issue to be invalid and seeking to enjoin the issuance and sale thereof by the State Board of Examiners of Montana and others, at a time when such issuance and sale was already enjoined by final judgment of this court rendered December 7, 1956. Bryant v. Board of Examiners, No. 9700,…