delievered the opinion of the court.
This action was instituted by the plaintiff as a citizen, resident and qualified elector of Custer county to secure an injunction restraining the defеndants from the threatened issuance and sale of bonds against the county of Custer to the amount of #50,000, intended to be used for the construction of a steel bridge across the Powder River, which river is now well known in western rhyme and song. After issue joined, the case was submitted to thе court upon an agreed statement of facts. The court fоund in favor of the defendants and judgment was entered accordingly. The appeal is from the judgment.
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The regularity of the election held authorizing the issuance of the bonds and the constitutionality of the stаtute providing for the submission of the question to the people аre by the plaintiff attacked. However, since the allegations of the complaint and the statements contained in the agreed facts do not show a right of action vested in the plaintiff on аny theory, this court is not in position to consider the questions argued and presented on the appeal. In his complaint he alleges that he “is now, and has been for several years last past, a citizen and resident and duly qualified and registered elector of Custеr county,” and in the agreed statement of facts his right of action is again predicated on a similar recital. It does not apрear that he is either a taxpayer, or that he was wrongfully, or оtherwise, denied a right to vote at the election. Consequently hе is in no position to complain. It does not devolve upon this сourt to determine the constitutionality of the law or decide thе merits of the questions involved, where the complainant does nоt show that he has been, or is likely to be, injured. The constitutionality of а statute can never be called in question by a person whose interests have not been, or are not about to be, prejudicially affected by its operation.
(State ex rel. Holliday
v.
O’Leary,
To maintain an action the plaintiff must show that he has a right to be enforced or a wrong to bе prevented or redressed. (Sec. 8997, Rev. Codes 1921.) One possessing а right may enforce it by appropriate action, even thоugh his motives are questionable
(Simonsen
v.
Barth,
Since the plaintiff has no standing in court, we would not be justified in giving serious considеration to the questions argued on this appeal. Had a genеral demurrer been interposed to the complaint in the first instance, it should have been sustained.
For the reasons stated, the judgment is affirmed.
Affirmed.