Foster v. Board of Education

The opinion of the court was delivered by

Jochems, J.:

This action was brought by plaintiff, as a taxpayer, asking for an injunction against the defendant board of education •of the city of Topeka to prevent it from using moneys derived from taxation to pay for the transportation of pupils in the city of Topeka. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

The petition set forth two causes of action. The first was dismissed and need not be noticed here. The case was tried to the court upon the second cause, which alleged, in substance, that plaintiff is a taxpayer…