Nall v. City of Elizabeth

*322Opinion of the Court by

Judge Clay

Affirming.

J. F. Nall, a ctitzen and taxpayer of Elizabethtown, a .city of the fifth class, brought this suit to enjoin the city and its officers from issuing bonds in the sum of $30,-000.00 for the purpose of constructing a filtration plant and improving its waterworks system. Being denied the relief prayed for, he appeals.

The grounds on wihich the validity of the bonds is assailed are: (1) The proposition was not carried by the requisite vote; (2) under section 157 of the Constitution a city of the fifth class cannot exceed the rate of seventy-five cents on…