People Ex Rel. Boarts v. City of Westmoreland

Petition for a writ of supersedeas. Petitioner City of Westmoreland has appealed to this court from a judgment of the Superior Court of Imperial County in the above-entitled action which is a proceeding in quo warranto instituted by the attorney-general for the purpose of testing the legality of the proceedings under which the said city was incorporated and seeking a decree declaring that the incorporation was illegal. The petition alleges that the city was incorporated as a municipal corporation of the sixth class on April 11, 1932; that the action in quo vjarranio was commenced on May 5, 1932; that thereafter said action was tried and upon the conclusion of the trial a judgment was entered whereby it was decreed that petitioner had never been lawfully incorporated as a city of the sixth class or otherwise; that the rendition of said judgment tends to hinder and embarrass petitioner and its officers in the administration of municipal affairs and in the collection of revenue and in the payment of its obligations; that peti tioner has been in existence as a municipal corporation since April 11, 1932', and has established its governmental machinery and has operated and is continuing…