Irwin v. Exton

Citations

• 125 Cal. 622
• 58 P. 257
• 1899 Cal. LEXIS 916

Syllabus

<p>Municipal Corporations—Waterworks—Vold Bonds—Control of Bunds Raised by Taxation.—Money raised by taxation toward the payment of void municipal bonds voted for the construction of waterworks by the city, is free from the direction of the statute, and need not be kept in a water-bond fund; but, - if free from the claims of the taxpayers who paid it, it may be transferred by the city authorities to the general fund, and may be used by them in proper expenditures to secure plans and estimates of cost from an engineer for proposed waterworks, ■before submitting the question of bonds again.to the people.</p> <p>Id—Injunction—Suit by Resident Property-holder.—An elector and resident property-holder of the city, who does not seek to recover any part of the taxes paid to the city upon void water-bonds, cannot maintain a suit in equity for an injunction to restrain the city authorities from transferring the money raised by taxation therefor to another fund, to be used for a lawful purpose by the city.</p> <p>Id.—Remedy at Law for Persons Aggrieved.—A court of equity will not restrain the officers of a municipality from doing an act •which will not injure the complainant, and in a matter where there is an adequate remedy at law given to persons aggrieved.</p>