People v. Town of Berkeley

This is an appeal from a judgment on the judgment-roll, and the only contention of appellant is that the judgment is not supported by the findings.

The action was instituted by the attorney general upon the relation of one Wells, challenging the legality •of the proceedings taken for the reorganization of *302 appellant, as a municipal corporation of the fifth class, under the general laws of the state.

The court found the facts to be in substance as fol- \ lows: The town of Berkeley was organized as a municipal corporation in 1878, under an act of the legislature, approved April 1, 1878, and entitled “An act to incorporate the town of Berkeley, in Alameda county”; and thereafter it continued to exercise its corporate franchise, under and by virtue of said act, until June 28, \ 1893. On April 3, 1893, at a regular meeting of the board of trustees of the town, there was presented to said board, read, and placed on file, a petition asking that the question of the reorganization of the town, as a city of the fifth class, under the general laws relating to municipal corporations, should be submitted to the electors thereof at the next general election to be held therein. This…