Bingham

By this action the plaintiff sought an order of the superior court restraining and enjoining the board of trustees of the Manteca grammar school district from purchasing a certain site mentioned in the complaint and also to prevent the delivery of a certain warrant, as a part of the purchase price thereof. The demurrer of the defendants to the complaint was sustained and the plaintiff declining to amend, judgment of dismissal was entered. From this judgment the plaintiff appeals.

After the formal parts of the complaint, not necessary to be set forth herein, it is alleged that on or about the sixteenth day of March, 1925, after proper proceedings taken and had therefor, an election was held authorizing the issue of bonds in the sum of $60,000 for the purpose of raising money for purchasing school lots, etc.; that after the sale of said bonds and the receipt of the money therefor, and the deposit of the same with the county treasurer of the county of San Joaquin, the board of trustees, on or about the twenty-fifth day of March, 1925, at a meeting of the board of trustees of said Manteca grammar school district, at which meeting all the members thereof were present, and of which…