People ex rel. Boardman v. Town of Linden

By virtue of certain proceedings under the general law providing for the organization, incorporation, and government of municipal corporations (Stats. of 1883, p. 93), the defendant is assuming and claiming to be a municipal corporation of the sixth class, and this action was brought for the purpose of determining its right to hold and enjoy the franchise, and to exercise the powers of such a corporation.

The plaintiff claimed that, by reason of the failure of the board of supervisors to comply with the statute, no organization was ever effected. The defendant claimed that there had been a substantial and sufficient compliance with the law on the part of the board, and of all parties concerned. A trial was held in the superior court, and judgment given in favor of the defendant affirming the validity of its incorporation. Plaintiffs appeal from the judgment and from an order overruling their motion for a new trial. In support of their appeal they specify various particulars in which, as they claim, the proceedings looking to the incorporation of the defendant fell short of the statutory requirements.

There seems to be no difference between counsel as to the proposition that a…