and tax-payers of a particular county, town, city or district, the required affidavit may properly be made by any citizen of the locality affected. In the class of cases last referred to, any citizen of the locality affected is, in our opinion, "beneficially interested" within the meaning of section 5518, Comp. Laws 1887. It follows that, in this class of cases, the writ may be invoked by any citizen without the concurrence of any officer. People v. Collins, 19 Wend. 56; Railroad Co. v. Hall, 91 U. S. 355; Pumphrey v. Mayor, 47 Md. 145; Attorney General v. Boston, 123 Mas. 479, opinion; People v. Board, 56 N. Y. 249; People v. Common Council, 77 N. Y. 503; note to Dane v. Derby, 89 Amer. Dec. 741; State v. Weld, 39 Minn. 426, 40 N. W. Rep. 561; High, Extr. Rem. § 431, Hyatt v. Allen, 54. Cal. 353; State v. Board, 35 Ohio St. 368.
Where the right sought to be secured by the writ is private only, the relator must, of course, show that his individual interest is affected in some way peculiar to himself. See authorities supra. It may be added that under § 4, c. 21, Laws 1890, defining the duties of the attorney general of the state, it would not be the duty of that officer to represent the state officially in court or in any case where an inspection of the papers would disclose the fact that the name of the state is inserted in the writ as a formal or nominal party only, and that the state, as such, is not interested as a party in the subject-matter. It follows from what has been said that the district court did not err in holding that this proceeding is properly instituted and entitled in the name of the state. The record discloses that many of the material averments in the affidavit of the relator are not embodied in the alternative writ, but are simply referred to and adopted as a part of the writ, without being annexed thereto. The point is not made on the motion to quash the writ, and we shall dispose of the case wholly on another ground. But we are clear that the omission to incorporate in the alternative writ any material fact contained in the affidavit would be fatal on demurrer or motion to quash the writ. The writ only is served on the defendant, and the defendant answers only to the alternative writ in cases where such writ issues. The writ should be treated as a declaration at
