People Ex Rel. City of Pasadena v. City of Monterey Park

J.—This is an action in the nature of quo warrmto in which the plaintiffs challenge the right of the defendants to exercise the franchise of a city and its respective offices. The plaintiffs claim that by virtue of certain proceedings begun on the seventeenth day of April, 1916, and completed on the fourteenth day of August, 1916, certain territory was annexed to and became a part of the city of Alhambra. Defendants claim that by proceedings begun on the eighth day of May, 1916, and completed on the twenty-ninth day of May, 1916, the city of Monterey Park became a municipal corporation of the sixth class. The alleged city includes territory which was a part of the territory included in the annexation proceedings. The annexation proceedings were conducted under the Annexation Act of 1913, [Stats. 1913, p. 587], and the incorporation proceedings were conducted under the Municipal Corporations Act of 1883, [Stats. 1883, p. 93]. Both of the proceedings in question were conducted according to the regular forms of procedure provided by the respective statutes.

[1]. The first proposition urged by appellants is that, since the petition for annexation was received and acted upon by the…