Swanson

Proceedings under the Annexation Act of 1913 (Stats. 1913, p. 587) and amendments thereto for the annexation of certain territory to the City of Orange, a city of the sixth class in the county of Orange, were had up to the point where the city council of said city had passed a resolution calling an election in the territory proposed to be annexed. A petition was filed in the superior court and upon it (the petition is not before us) a writ of review of the above referred to proceedings was issued, without notice to the defendants or either of them. The writ contained the following passages: “Whereas, it has appeared to us by the verified petition of the above-named plaintiffs that lately, to-wit, on the 30th day of April, 1923, before you, or a majority of you, composing at the time the City Council of the City of Orange, such proceedings have been had that you, or a majority of you, have irregularly and without authority or jurisdiction in the premises, called an election for the purpose of determining whether certain territory should be annexed to the City of Orange in accordance with the provisions of the Annexation Act of 1913, and amendments thereto; that said territory is…