Cary

The action was brought against the trustees, clerk and treasurer of the city of Lodi, a municipality of the sixth class, to enjoin and restrain them from selling or disposing of certain bonds to the amount of $76,000 which had been voted by the electors at a special election called for that purpose for a combined plant for supplying said city of Lodi and its inhabitants with water and electric light. The decision was in favor of defendants and the appeal is from the judgment on the judgment-roll.

For the general authority to incur the indebtedness and to issue the bonds respondents rely upon the act of the legislature of 1907, entitled “An act authorizing the incurring of indebtedness by cities, towns and municipal corporations for municipal improvements, and regulating the acquisition, construction, or completion thereof.” The portion of said act sufficient for the purpose of the discussion is as follows: “See. 1. Any city, town or municipal corporation incorporated under the laws of this state may as hereinafter provided incur indebtedness to pay the cost of any municipal improvement requiring an expenditure greater than the amount allowed for such improvement by the annual tax…