Broyles

This is an appeal from the judgment of the superior court of the county of Butte and from an order denying-a motion for new trial. The hearing in the court below was upon a return to a bill of review directed to defendants. Plaintiff sought to have annulled a certain resolution of the board of supervisors of the said county, adopted on the twenty-fourth day of August, 1921, purporting to annex certain named common school districts to the Chico high school district, under the provisions of section 1734b of the Political Code.

The findings omit a few items of fact, which, however, are shown by the return. These omissions will be noticed later. The names of the seventeen common school districts will be omitted from the copy of the findings following;

The amended return established several facts not referred to in the foregoing findings, the essential ones being that the board received the recommendation in writing of Irvin Passmore, county superintendent of schools of Butte County, dated August 5, 1921, marked Exhibit “A,” recommending the annexation of the various school districts to the several high school districts therein named; that proof of publication of notice of the…