Ethington V. Wright

Defendants filed a motion to dismiss plaintiffs' complaint on the ground that it failed to state a claim upon which relief could be granted and in support of such motion contended that plaintiffs, as such taxpayers, were without sufficient interest to maintain the action; that Chapter 11 was a constitutional and valid enactment, and that it did not affirmatively appear from plaintiffs' complaint that any justiciable controversy existed between plaintiffs and John L. Sullivan as Attorney General and Ana Frohmiller as State Auditor. Plaintiffs now suggest, on this appeal, that if any justiciable controversy ever existed between plaintiffs and the Corporation Commission the same has become moot by reason of a change in the elected personnel of the Commission. Among other things the complaint alleged: