Devine v. Board of Supervisors

Citations

• 121 Cal. 670
• 54 P. 262
• 1898 Cal. LEXIS 972

Syllabus

<p>■Counties—Bonds of County—County Roads—Sacramento.—The board of supervisors of Sacramento county have no power, in the absence of statutory authorization, to issue the bonds of the county to raise funds for the construction of a county road, such as a road extending from the city of Sacramento to Folsom. Such authorization is not conferred by section 25 of the County Government Act of 1897 (Stats. 1897, p. 460), which provides that “any county may incur or refund a bonded indebtedness for any purpose for which the board of supervisors are herein authorized to expend the funds of the county.”</p> <p>Id.—Road Tax cannot be Imposed on Municipality—Injunction.—The authority given to the board of supervisors to expend the funds of the county in constructing county roads is limited to localities outside of incorporated cities, and no tax can be levied for county road purposes upon any property in such city; and as property within the limits of the city of Sacramento would necessarily have to be taxed for the payment of the bonds of the county issued for the construction of such road, it follows that such bonds, if issued are illegal, and the levy of a special tax for their payment will be enjoined at the instance of a taxpayer of the municipality.</p>