Meehan

Action to restrain and enjoin defendant as an officer of the city of San Bruno from selling certain property of the plaintiff, under an assessment levied for the purpose of acquiring a municipal water system.

A demurrer to the complaint was sustained without leave to amend, and it was adjudged that plaintiff take nothing by its complaint and that defendant recover his costs. This is an appeal from the judgment.

The complaint recites that the city of San Bruno is a municipal corporation of the sixth class, organized and existing under the Municipal Government Act (Stats. 1883, p. 93, as amended), and that defendant Meehan is its city marshal and ex-officio tax collector; that plaintiff is the owner of a number of parcels of land situate therein and is a taxpayer of said city; that prior to the twenty-sixth day of May, 1920, the San Bruno water system, a privately owned corporation, supplied the municipality and its inhabitants with water; that on the last-mentioned day the board of trustees of the city passed its resolution of intention to acquire the water system, and thereafter the city engineer made and presented to the trustees his report pursuant to the resolution, which…