Covell

This is an application for an order in the ahove-entitled cause, now on appeal in this court, directing the judge of the trial court to certify “whether said petitioners in said proceeding before said superior court therein waived the making and filing by said superior court of its findings of fact and conclusions of law upon the issues of fact tried in said proceeding.”

Petitioners applied to the tidal court for a writ of mandate requiring respondent to call an election for the determination of the question of the formation of a joint union high school district, to be composed of the following school districts: “Davis Joint, Montgomery Joint, Fairfield and Plainfield.” In such application it is alleged that a petition was theretofore filed with respondent, “signed by a majority of the registered electors in each of said four school districts,” praying for the formation of a joint union high school district. The ■answer denies that the petition “was signed by a majority of the registered electors in each of said school districts.” No other issue was raised by the pleadings.

Section 1728 of the Political Code (as amended by Stats. 1917, p. 712) requires that such a petition be…