361, 586 180 223 162 442 469, 672 311 669 J. 305 184 v. Rose B. Asso. 28 N. Y. Roth v. S. E. Barrett Mfg. Co. 96 W. 615 Rothmiller v. Stein, 143 N. Y. 594 Rouse v. Donovan, 104 Mich. 241 670 Schumitsch v. Am. Ins. Co. 48 75 540 Roys v. Vilas, 18 W. 169 Salter v. Bank of Eau Claire, Sanborn v. Perry, 86 W. 361 Schaefer v. Fond du Lac, 99 Schilling v. C., M. & St. P. R. Co. 71 W. 255 — v. Mullen, 55 Minn. 122 Schlimgen v. C., M. & St. P. R. Co. 90 W. 186 Schmidt v. Menasha W. W. Schmolze v. C., M. & St. P. R. 12 35 36 107 16 204, 570 Selsby v. Redlon, 19 W. 17 67 Senour Mfg. Co. v. Clarke, 96 W. 469Severin v. Rueckerick, 62 W. 1 Seward v. Vera Cruz, 10 App. Cas. 59 428 28, 29 1.60 520 Schofield v. Horse Springs C. Co. 65 Fed. Rep. 433 1 v. Shiffer, 156 Pa. St. CASES DETERMINED AT THE January Term, 1899. ESTATE OF COLE: MULBERGER, Respondent, vs. Beurhaus and others, Executors, Appellants. January 11-January 31, 1899. (1-3) Municipal corporations: Refusal of officers to enforce rights: Ac tion by taxpayer: Appeal from county court. (4-6) Trusts and trustees: Repairs and permanent improvements on realty: Payment from income: Costs. 1. When the officers of a public corporation, upon whom the duty devolves of appealing to the courts to protect its rights, refuse to put the necessary judicial machinery in motion upon demand being made therefor by a taxpaying member of such corporation acting for himself and all other such persons, or the circumstances are such as to obviously render such demand useless, such taxpayer may, so acting, take the place of such public officers for the purpose of enforcing the corporate rights. 2. If a public corporation be aggrieved by a determination of a county court as to a matter pending before it, and the proper officers of such corporation refuse or neglect to appeal from such determination to the circuit court for relief, a taxpaying member of such corporation, acting as before indicated, may intervene and take the appeal. 3. The test of the right of appeal in the circumstances stated above is not whether the taxpayer is directly injured by the determination of the county court, but whether the corporation as a whole is injured or aggrieved in a matter in which the individual members of the corporation have a substantial interest. 4. If property consisting of real estate be by will conveyed to trustees to hold for the life of certain persons in being therein named, the VOL 102-1 |