Kane

This is an appeal from a judgment in favor of the defendants, who are the governing officials of the city of San Bruno, in an action brought by the plaintiffs as citizens, residents, and taxpayers of said- city, to restrain said defendants as such officials from proceeding with the levy and collection of certain assessments upon the property of said plaintiffs and other property owners within said city for the purpose of procuring money with which to consummate the purchase and acquisition of “the San Bru-no water system” from its owners and its operation thereafter as a municipal water system. The trial court refused to grant such injunction, and from its judgment to that effect this appeal has been taken.

The facts of the case are practically undisputed. The city of San Bruno is a municipal corporation of the sixth class organized and existing under the general Municipal Incorporations Act. For some years prior to the twenty-sixth day of May, 1920, there had been installed and in operation within said city a privately owned and so-called “San Bruno water system,” with proper mains and other facilities for supplying its inhabitants with water. On May 26, 1920, the board of…