Wiedwald

The respondent filed a petition in the superior court, praying for a writ of mandate to compel the appellants, as trustees of the city of San Pedro, to call a special election, and submit to the electors of said city the question of excluding therefrom certain territory described in the petition. After a trial, the court rendered judgment granting the writ, and the trustees appeal from the judgment.

The respondent bases the right to maintain this proceeding upon the fact that he is an elector and tax-payer and real estate owner within the city.

The petition for a special election, involved in the case at bar, was filed March 10, 1891; and it appears from the findings that a prior similar petition had been filed on December 11, 1890 (involving exactly the same territory); that said prior petition had been granted by *452 the trustees, and an election under it had been held on January 12,1891; that one Anderson had filed a petition in said superior court for a writ of mandate to compel the trustees to declare the result of such election, and to certify to the secretary of state that such result was in favor of the exclusion of such territory; and that said petition for such writ…