Chester

Plaintiff, a taxpayer of the city of Sacramento, instituted this action on behalf of himself and all other taxpayers, seeking thereby an injunction prohibiting the city of Sacramento and various officers thereof from carrying out the provisions of a certain deed conveying real property to the city for park purposes, and to have such deed declared void, the theory of the action being that such action on the'part of the city would be in violation of the provision of our constitution, which declares that “No county, city, town, . . . , shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it fails due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity.” (Const., sec. .18, art. XI.) Demurrers to the complaint were sustained, and judgment…