Bancroft

The action is to enjoin defendants from levying any special tax upon the taxable property within the Mount Diablo Union High School District, Contra Costa county, “for erecting any building for said district or for any purpose or purposes kindred thereto.”

A general demurrer to the complaint was sustained without leave to amend and judgment passed for defendants.

The appeal is from the judgment and from the order denying an injunction.

It is alleged in the complaint: That plaintiff is the owner of real estate, as her separate property, situated in said Union High School District; that the board of trustees of said district have made what purports to be an estimate of the cost of constructing a building for the use of said district, estimated to cost $10,000, which estimate has been presented to defendants with request that they levy a special tax upon the taxable property of said district sufficient in amount to erect said building; that the estimate so furnished was as follows:

That said district “does not now, never did, own any lot upon which the, or any, proposed building might be erected”; that the said trustees have never been directed by any vote of said district “to…