Beaumont

Certiorari. This is an appeal from the judgment and order of the superior court of Tehama county denying plaintiff’s application for a writ of review and dismissing the proceedings therein.

Proceedings were taken before the board of supervisors of said county, which resulted in an order of said board declaring the territory in said order described to be “duly incorporated as a municipal corporation of the sixth class, under the name and style of the Town of Corning.” The purpose of the action is to set aside, vacate and annul all of said proceedings and to obtain a decree that said incorporation is invalid.

Several questions arising in the case have been discussed, and among others it is contended by respondents that plaintiff had a plain, speedy and adequate remedy by quo warranto and that this latter, and not certiorari, is the appropriate remedy, and it was so held by the learned trial judge. We think the point well taken, and this makes it unnecessary to notice other questions.

It appeared that pursuant to the order of the board, the persons named as trustees of said town of Corning entered upon the discharge of their duties, and were so acting at the commencement of this…