Clouse

This is an appeal from a judgment on the pleadings after defendant’s refusal to amend its answer to which a demurrer had been sustained.

The city of San Diego had sold bonds and the proceeds of the sale were to be used for certain purposes including the building, construction, and acquisition of designated roads and boulevards. After the sale of the bonds and before the commencement of this action an ordinance was adopted whereby the board of public works of the city of San Diego was authorized “to employ men and teams by the day and to purchase all necessary material for the construction of all of said boulevards, roads and like, except the boulevards to be constructed in the Fourteen Hundred Acre Public Park.” Respondents sued as taxpayers to restrain the board of works from the expenditure of the money derived from the sale of said bonds except upon contracts awarded according to the provisions of section 9 of the act of 1901 which had been followed in voting for the authorization of the bonds. (Stats. 1901, p. 30.) Plaintiffs contended that the ordinance was void so far as it provided the manner of doing the work and purchasing material without previous advertisement and the…