Frederick

Mandamus. the court below awarded a peremptory writ requiring the board of- trustees of San Luis Obispo to call an election on the question of disincorporating the municipality under the act (Stats. 1895, p. 115) to provide for the disincorporation of cities of the sixth class. It is contended bn appeal tbat plaintiffs complaint or affidavit—to wbicb defendant interposed a demurrer—did not make a case for the issuance of the writ.

Said act makes it the duty of the board of trustees to call an election for the purpose stated upon receiving a petition in that behalf signed by not less than one-fourtb of the qualified electors of the municipality; and it is objected that the petition presented to the board in tbis instance was ineffectual because it contained no representation that the subscribers thereto were qualified electors, but described them only as citizens of the city of San Luis Obispo. the objection cannot be sustained. It is shown by averment in the complaint that the petition was signed by the requisite number of qualified electors; and it was the fact of the receipt of such a petition wbicb under the statute imposed the obligation on the board to call an election;…