People ex rel. Connolly v. City of Coronado

A general demurrer to the complaint in this action was sustained by the court below, and, the plaintiff declining to amend, judgment was entered in favor of the defendant, from which the plaintiff appeals.

The facts stated in the complaint are in substance as follows: Under the provisions of section 8 of article XI of the constitution of this state, a charter for the city of San Diego was framed by fifteen freeholders, ratified by a vote of the electors, and on March 16, 1889, approved by the legislature. (Stats. 1889, p. 643.)

On March 19, 1889, an act was passed by the legislature, entitled: “ An act to provide for changing the boundaries of cities and municipal corporations, and to exclude territory therefrom.” (Stats. 1889, p. 356.)

On March 17, 1890, proceedings were commenced, *573 "under the provisions of this act, to change the boundaries of the city of San Diego as described in its said •charter, and to exclude therefrom certain territory known as “ Coronado Beach,” the boundaries of which were specifically described. These proceedings were conducted and carried on in strict conformity to the provisions of the said act, and resulted, in October following, in the…