People v. City of Belmont

This is an appeal from the judgment in which it is adjudged that defendant City of Belmont is not now and never was incorporated or organized as a municipal corporation, and has not now and never had any legal existence. The action is one in quo warranto brought against the City of Belmont to set aside the incor poration on the grounds that plaintiff Bourdette’s three lots, consisting of an undivided parcel of thirty acres of land, had been included within the incorporated boundaries without his petition, and that the city’s petition for incorporation is illegal in that the dates the signers signed the petition were omitted after the signatures thereto.

The complaint contains three causes of action. Inasmuch, however, as plaintiff is not urging his third cause of action and no finding thereon was made by the trial court, we are concerned only with the first and second causes of action: the first placing in issue the jurisdiction of the board of supervisors to act on the petition by reason of the omission of dates opposite the signatures thereon, and the second placing in issue the authority of the board to act by reason of the inclusion of plaintiff’s ranch land or outside…