People Ex Rel. Skelton v. City of Los Angeles

— Quo warranto. In December, 1898, the city council of the city of Los Angeles received a written petition, under the provisions of the act of 1889 (Stats. 1889, p. 358), praying that certain territory adjacent to said city be annexed thereto and incorporated therewith, pursuant to which certain proceedings were had, which respondent claims effected the annexation of said territory. Appellant contends that these proceedings were void, and prays that the city be excluded from all corporate franchises, jurisdiction, and control within or over said territory.

A general demurrer to the amended complaint was sustained, and judgment thereon entered for defendant, and plaintiff appeals.

The complaint, after stating generally the steps taken to effect the annexation of said territory, and charging that the defendant has usurped and exercised, without any warrant or authority, the franchises, jurisdiction, and control over said territory, proceeds to specify and allege the particulars in which the said proceedings were invalid and insufficient to accomplish such annexation.

The mode of pleading in such cases is now by no means uniform. It is undoubtedly true that the state may charge a…