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eBook details

• Title: Holt v. Custer County Et Al.
• Author : Supreme Court of Montana
• Release Date : January 03, 1926
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Submitted January 13, 1926. Injunction ? Sale of Municipal Bonds ? Right of Action ? Statutes ? Constitutionality ? Who may not Attack ? Moot Questions. Injunction ? Sale of Municipal Bonds ? Who may not Maintain Action. 1. Under the rule that he only may maintain an action who can show that he has a right to be enforced or a wrong to be prevented or redressed (Rev. Codes 1921, sec. 8997), held, that plaintiff in an action to enjoin a sale of county bonds duly voted, who alleged himself to be a citizen, resident and qualified elector of the county, but who did not make it appear that he was a taxpayer or that he had been denied the right to vote at the election, had no standing in court as a suitor. Actions ? Statutes ? Who may not Attack Constitutionality. 2. One whose interests have not been, or are not about to be, prejudicially affected by the operation of a statute may not attack the constitutionality of the statute in a court of justice. Same ? Moot Questions. 3. To invoke the jurisdiction of a court there must be a genuine, existing controversy calling for the adjudication of present rights involved; courts are not called upon to decide questions not arising in the due course of litigation.

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