Mack

—Plaintiff, as a resident and taxpayer of Kern county, brought this action to enjoin the defendants, the board of supervisors of the county, from carrying out a contract entered into between them and the intervener, relative to the sale of refunding bonds of the county. The court decreed a perpetual injunction, and from the judgment the defendants and the intervenor prosecute separate appeals, which, however, may be considered together.

Before the proposition to issue the refunding bonds in question had been submitted to and acted upon by the electors of the county, the supervisors had entered into this contract with Trowbridge & Co., under which the sale and purchase of these bonds was agreed upon. The right and power of the supervisors to dispose of the bonds at all is the principal question here presented. By appellants it is contended that this power is found in the County Government Act of 1897 (Stats. 1897, sec. 25, subd. 13), and by the respondents that it is denied to-the supervisors and is vested in the treasurer under the provisions of the County Government Act of 1893. (Stats. 1893, sec. 25, subd. 14.) By appellants it is argued that the County-Government Act of 1897…