Worth
Worth v. Downey
Opinion
Lead Opinion
Curtis, J.
Three petitions, asldng for the recall of three members of the board of trustees of the city of Lynwood, were filed with the clerk of said board of trustees. The trustees sought to be removed thereby were Prank M. Downey, Lars C. Anderson and Charles P. Reed. These petitions were precisely alike, except" as to the name of the trustee sought to be removed. That against Trustee Downey was as follows:
Each of these petitions was certified as sufficient by the clerk of said board and submitted to said board of trustees. The board of trustees, however, refused to call any election under said petitions and this proceeding was instituted in the superior court of the county of Los Angeles for a writ of mandate to compel said board to call such election. Upon the trial of said action judgment was rendered in favor of the plaintiff therein, and from said judgment the defendants have appealed.
The only contention made by appellants, in support of their appeal,'is that the petitions failed to comply with the requirements of the statute under which said proceedings were brought. It is conceded that the statute applicable thereto is that certain act entitled “An act providing for the recall…