Newton

Defendant City of Oceanside is a municipal corporation organized under the general Municipal Corporation Act of the state of California (Deering’s Gen. Laws 1923, Act 5233, sec. 850), as a city of the sixth class, while the other defendants, at the time of the institution of this action were members of and constituted its board of trustees. The plaintiffs are citizen residents and taxpayers of said city and brought this action for its benefit.

On the twenty-second day of September, 1926, one B. C. Beers presented to the board of trustees of said city his duly verified claim in the sum of $129.09 for freight, incurred for the transportation of certain water-pipe sold and delivered to the City of Oceanside in the year 1924. This claim was allowed and ordered paid by the board of trustees, and on the twenty-third day of September, 1926, the city clerk issued a warrant drawn upon the treasurer of the City of Oceanside in the amount of Beers’ claim. On the eleventh day of December, 1926, a certain judgment was rendered against the City of Oceanside in the sum of $2,124.10 in favor of the N. 0. Nelson Manufacturing Company, a corporation, which judgment was based on a claim for…