Chapman

Plaintiff brought this action as a taxpayer of the City of Fullerton, a municipality of the sixth class organized and existing under the “Municipal Corporations Act” of 1883, to enjoin said city and certain of its officers from paying a warrant for the sum of $2,800 drawn in favor of Edward S. Ward, upon the ground that the payment thereof would constitute an unauthorized and illegal expenditure of city funds. Ward intervened, was joined as party defendant, and besides answering plaintiff’s complaint filed a cross-complaint wherein he prayed for the issuance of a writ of mandate to compel said city and its treasurer to pay said warrant. The city and its officers defaulted as to plaintiff’s complaint, and refused, after demand by plaintiff, to answer the cross-complaint; thereupon plaintiff, for himself and on behalf of said city and its officers, answered the cross-complaint, and the controverted issues were tried between plaintiff and Ward. The trial court found in plaintiff’s favor on all essential issues, granted the relief prayed for in the complaint and denied Ward’s application for a writ of mandate. Judgment was entered accordingly, and Ward appealed. The appeal is taken…