McKinnon v. Robinson
North Dakota Supreme Court
Appeal from District Court, Bichland County, Frank P. Allen, J. A demurrer to the complaint having been sustained, judgment was rendered for defendants, from which plaintiffs appeal.
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Appeal from District Court, Bichland County, Frank P. Allen, J. A demurrer to the complaint having been sustained, judgment was rendered for defendants, from which plaintiffs appeal. Tbe complaint is as follows: I. “That the plaintiffs, and each of them, are residents and citizens of the county of Richland and state of North Dakota, and that they, and each of them, own a large amount of real and personal property, situated within said county and state, upon which they pay, and have paid for many years, a large amount of money in taxes, and thát they bring this action on their own behalf and…
1Opinion of the CourtFisk, J.
As disclosed by the complaint, the object of this action is to enjoin the carrying out of a contract for the erection of a new courthouse at Wahpeton, made by the board of county commissioners of Bichland county with the defendants Ingemann & Company. The plaintiffs are residents and taxpayers of said county, and as such they-assert the right to maintain' such suit in behalf of themselves and all other residents and taxpayers of the county who may elect to join with them in the prosecution thereof. That they have such right there is *383no doubt. Engstad v. Dinnie, 8 N. D. 1, 76 N. W. 292; Storey…
2Cases cited3 opinions
- Engstad v. DinnieNorth Dakota Supreme Court · 1898
- Storey v. MurphyNorth Dakota Supreme Court · 1899
- Fox v. WalleyNorth Dakota Supreme Court · 1905
3Cited by5 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- Backhaus v. LeeNorth Dakota Supreme Court · 1923
- Anderson v. JeannotteNorth Dakota Supreme Court · 1959
- McCann v. CarlsonNorth Dakota Supreme Court · 1913