Frisbee

—Plaintiff, a resident and taxpayer of the city of Beverly Hills, sought to enjoin defendant, the city treasurer of the city of Beverly Hills, from paying a warrant in favor of the Pacific Mutual Life Insurance Company in ■the sum of $315.26 for the first year’s premium due upon an insurance policy issued by said company to Charles Gouts Blair, an employee of said city. The trial court overruled the demurrer interposed by defendant and upon the failure of said defendant to answer, granted the injunction. Defendant appeals upon the judgment-roll.

The policy was issued to said' employee under the provisions of Ordinance 244 as passed by the city council in 1928. That ordinance was one “providing for the creation and operation of an insurance plan and pension fund for employees of said city”. The ordinance attempted to work out a system of insurance and pensions^ for the employees of the city through the means of individual policies issued to said employees by the Pacific Mutual Life Insurance Company “or such reputable insurer” as might thereafter be designated by four-fifths vote of the city council. Briefly describing the plan appellant states that “the ordinance provides for…