Hoffecker

The appeal herein is from an order made and entered in the above-named superior court dismissing plaintiff’s petition and the writ of review issued in the above-entitled cause.

It appears from the petition that on October 25, 1912, the board of supervisors of Los Angeles County granted the prayer of the petitioners in certain proceedings incident to the proposed incorporation of a city of the sixth class, to be known as the city of Manhattan, and ordered an election to be held on November 25, 1912, for the purpose of determining whether said proposed city should become incorporated. The petition of the plaintiff herein was filed on November 20, 1912, and the writ was on that day issued and made returnable on November 23, 1912. It was on this last-named date that, in response to a motion of defendants, the court made the order from which the appeal is taken.

In substance, the claims of the plaintiff are that the board of supervisors was without jurisdiction to order said election, and thát said want of jurisdiction resulted from the following facts, namely: 1. That less than fifty qualified electors of the county resident within the limits of the proposed incorporation were…