Smith v. Mayor of Sacramento City

In May last the plaintiff filed his bill on the equity side of this court, describing himself as a tax-payer, of the city of Sacra * mentó, alleging that the mayor and common council of said city had» by ordinance, appropriated the sum of $5,000 of the funds of the city, raised by taxation and licenses, to the employment of the legal services of one Alpheus Felch, to assist the attorney general of the United States in opposing the confirmation of the grant to John A. Sutter, now pending in the Supreme Court of the United States; alleging also that the said mayor and common council have transferred' the said sum of $5,000 from the debt and interest fund to the contingent fund, with a view to drawing a warrant in favor of said Felch, upon said contingent fund; praying that the mayor be restrained from drawing such warrant, and the treasurer from paying it, if drawn; and “ that the mayor and common council be restrained and enjoined from taking the money belonging to the said debt and interest fund, and paying it to the contingent fund for the payment of such warrant, and that *343 the moneys belonging to said debt and interest fund, may be required to be appropriated to the purposes…