People ex rel. Brown v. Union High Sch. Dist. of Solano Cty.

Information in the nature of quo warranto, filed by the attorney general in the superior court of Solano county, charging that the defendant wrongfully claims and exercises the franchises of a duly organized union high school district, under an act of the legislature passed March 20, 1891, entitled, “An act to provide for the establishment of high schools in the state of California.” (Stats. 1891, p. 182.)

A demurrer to the information on the ground that it does not state sufficient facts was sustained by the court. The plaintiff declining to amend, judgment was rendered for defendant, from which plaintiff brings this appeal.

*657 The first section of the act provides that two or more adjoining school districts may “unite and form a union high school district, for the purpose of establishing and maintaining a high school therein.”

The second section enacts that “When .... a'majority of the trustees of two or more adjoining school districts shall unite in a petition to the county superintendent, accompanied by a petition for the establishment of such high schools, signed by not less than one hundred resident electors of such .... school districts, it shall be the duty of the…