Cole

This is an appeal from a judgment entered upon the sustaining of a demurrer to a petition for a writ of certiorari whereby it was sought to annul an order of the board of supervisors of Orange County incorporating the city of Stanton as a city of the sixth class.

The demurrer interposed was both general and special. Since we are of the opinion that the demurrer was properly sustained upon the ground that the petition failed to state facts sufficient to entitle the petitioner to a writ of review, it is unnecessary to consider the special grounds upon which the demurrer is based.

Petitioner contends that by reason of a failure on the part of the board of supervisors to comply with the provisions of an act of the legislature entitled, “An act to provide for the organization, incorporation, and government of municipal corporations” (Stats. 1883, p. 93), and amendments thereto, respondent did not acquire jurisdiction to make the order. One of the grounds for such contention is that in publishing the petition for an order incorporating the city, as required by section 2 of said act, the notice published therewith stated that such petition would be presented to the board on Tuesday,…