Beaumont

The petition sets forth that on September 6, 1906, there was filed in the office of the clerk of defendants a petition asking that defendants give notice of an election to be held for the purpose of determining whether the territory in said petition described, including the town of Corning, shall become incorporated under the act approved March 13, 1883. It is set forth in the petition for the writ that in certain particulars, alleged to be essential to the jurisdiction of the defendants to act in the matter, the petition presented to defendants was fatally defective. It appears that the petition was presented to and heard by defendants, as such board of supervisors; that an election was held pursuant to notice thereof published in the “New Era,” a newspaper published in the town of Coming, said county, but as to which it is alleged that no proof of such publication was made to said defendants before malting the order declaring the result of said election or before making the order declaring the territory described therein had become duly incorporated as a municipal corporation of the sixth class.

The petition for the writ alleges further: ‘1 That heretofore your petitioner…