Watson

Watson v. Fouch

Good Law
1921 Cal. App. LEXIS 126·55 Cal. App. 765·205 P. 58
Court of Appeal of CaliforniaDecember 24, 1921Civ. No. 2356.California2,809 words

Opinion

Lead Opinion

Hart, J.

This is an appeal by the defendants from a judgment awarding a peremptory writ of mandate directed to the defendants, as members of the board of trustees of the town of Williams, Colusa County, California, compelling them to call an election for the disincorporation of said town of Williams. '

The findings, which follow the allegations of the complaint, show the facts of the controversy which is the subject of this litigation to be, in substance, as follows:

The town of Williams is a municipal corporation of the sixth class, having been organized under and by virtue of the Municipal Corporation Act of California. The board of trustees of said town constitutes the legislative or governing board or body thereof, and the defendants are the regularly elected and duly qualified trustees of said town and members of said board. The petitioner is and was, at all the times herein mentioned, a resident and property owner and taxpayer of said town.

On the first day of October, 1920, a petition, in due legal form, and signed by 150 or more qualified electors, which number of electors constituted “more than half as many electors as voted at the last municipal election in said town,” was…

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