Crowl

The appeal in this case is from a judgment entered in the lower court following the sustaining of a demurrer without leave to amend, to a petition in certiorari, seeking to review the acts and proceedings of the Board of Trustees of the city of Southgate in annexing to said city of Southgate certain territory known as the fifth addition to the city of Southgate.

The facts alleged in the petition show that all of the steps for annexation required by the annexation act of 1913 (Stats. 1913, p. 587, and amendments thereto) have been taken, including the passing of “an ordinance declaring the result of the election and approving the annexation . . . and it is hereby ordered that a certified copy of this ordinance giving the date of its passage under the seal of said City of Southgate be submitted to and filed with the Secretary of State of California from and after the date of which filing the annexation of said territory to the City of South-gate shall be deemed to be complete and thenceforth said annexed territory shall be to all intents and purposes a part of the City of Southgate”. The petition is silent as to whether the certified copy of the ordinance had been filed with the…