Rutherford v. City of McAlester

This is an action by a resident taxpayer, suing on behalf of himself and others in like situation, against the city of McAlester and its executive and administrative officers, to restrain the spending of the proceeds of the sale of bonds and requiring same to be invested as surplus funds for the purpose of retiring the bonds. Defendants interposed a demurrer to plaintiffs petition. The demurrer was sustained, and from the judgment for defendants plaintiff appeals.

At a special election, held on May 14, 1946, there was submitted to the voters and taxpayers, and by them adopted, eight…