McConnel

Appeal from a judgment of the superior court of Los Angeles county.

The board of supervisors of Los Angeles county, under the provisions of an act of the legislature approved March 13, 1883 (Stats. 1883, p. 93), upon the hearing of a petition signed by the requisite number of residents of the locality affected, and after determining that all preliminary notices had been given and election held as required by such act, made its order directing that all of the territory embraced within certain boundaries set out in said order “is a duly incorporated municipal corporation of the sixth class, under the name and style of the ‘City of Wilmington.’ ” Petitioner, a resident and taxpayer of Los Angeles county and the owner of real property within said city, filed his petition in the superior court of Los Angeles county, alleging want of jurisdiction in the board of supervisors to order such incorporation, and praying said court for a writ of review, and that upon the hearing thereof said order be annulled. The superior court upon the hearing vacated and set aside said order of incorporation. From this judgment the defendants appeal.

The vital question involved upon this appeal, and the…