Fox

Fox v. City of Pasadena

Good Law
78 F.2d 948·1935 U.S. App. LEXIS 3908
United States Court of Appeals for the Ninth CircuitAugust 26, 1935No. 7672California1,745 words

Opinion

Lead Opinion

Wilbur, J.

Plaintiffs, who were nonresidents of California, filed a bill in equity against the city of Pasadena, a municipal corporation of the state of California, hereinafter called the “City,” on behalf of themselves and all other nonresident taxpayers within Municipal Improvement District No. 3 in the City of Pasadena. The defendant moved to dismiss the action upon several grounds; among others, upon the ground that the facts stated in the • bill ■ of complaint did not constitute a *949 cause of action, and also because such facts showed laches. The court granted the motion on the ground of laches. The appeal is taken from the decree of dismissal.

The bill of complaint occupies 62 pages of the printed transcript. The appellants allege that the City and its officers have misapplied funds derived from the sale of bonds of the municipal improvement district. The purpose sought to be accomplished by this suit, as evidenced by the prayer of the complaint, is to have the court direct the officers of the City to pay into the sinking, or interest and redemption fund established by law for the payment of bonds of the district, various sums of money alleged to have been improperly expended by the…

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