People Ex Rel. Beede v. Town of Antioch

This is a proceeding in quo warranto brought by the attorney general, upon complaint of H. P. Beede, to obtain a judgment determining that the defendant is unlawfully asserting and exercising jurisdiction as a municipal corporation over territory lying wholly outside the corporate boundaries of said town of Antioch. The primary purpose of the proceeding is to procure a determination as to what constitute the boundaries of said town, and the solution of this question involves the construction and interpretation of the statute entitled “An act to properly define the boundaries of the town of Antioch, and extend the same,” approved March 30, 1872, [Stats. 1871-72, p. 725].

The act itself is set forth in the complaint, as well as various facts and proceedings thought to bear upon the question to be determined. Defendant filed a general demurrer to the complaint, which was by the court overruled, and defendant declining to plead further, judgment was entered for plaintiff as prayed for. The effect of this judgment is to determine that the boundaries of the town of Antioch are as the same are shown and delineated upon a certain map of said town, made by one F. A. McMahon in 1884, and…