Miely v. Metzger

The opinion of the court was delivered by

Burch, J.:

The action was one to enjoin a rural high-school board from securing a site for a rural high-school building and from issuing bonds for the construction of such building. A temporary injunction was denied and the plaintiff appeals.

The plaintiff brought his action under section 265 of the civil code, authorizing a taxpayer to enjoin the illegal levy of a tax, to enjoin the collection of an illegal tax or any proceeding to enforce such tax, and to enjoin any public officer, board, or body from entering into any contract or doing any act which…