People ex rel. Scearce v. County of Glenn

On March 11, 1891, an act of the legislature was approved, entitled “An act to create the county of Glenn, to establish the boundaries thereof, and to provide for its organization” (Stats, of 1891, p. 96); and defendant claims that in pursuance of the *421 provisions of that act the county of Glenn became duly organized. For some time past defendant has been exercising the ordinary functions of a county government, and has been recognized as such by the political and executive departments of the state government. This present proceeding was brought in the superior court, in the name of the people, to have it judicially decreed that said county of Glenn “ is not legally organized and is not a separate county government ”; that it has usurped the franchise of a public corporation, and that it be precluded from exercising the same, etc. To the complaint defendant interposed a demurrer upon general as well as upon many special grounds. The demurrer was sustained; and plaintiffs declining to further amend, judgment was rendered for defendant. Plaintiffs appeal.

The only point presented by appellants at the oral argument, and the main one made in their brief, is that said act providing…