Home Riverside Coal Mines Co. v. McAuliffe

The opinion of the court was delivered by

Harvey, J.:

The plaintiff is a taxpayer and user of water in the city of Leavenworth, and as such brought this action to enjoin the mayor, the commissioners and the city clerk of the city of Leavenworth from entering into a certain contract with an electric power company for electric energy to be used in pumping water for the municipally owned and operated water plant 'of the city. Upon application and hearing a temporary injunction was allowed. Defendants demurred to plaintiff’s petition for the reason, among others, that the plaintiff had no legal…