People ex rel. Boardman v. Town of Linden

Citations

• 107 Cal. 94
• 40 P. 115
• 1895 Cal. LEXIS 716

Syllabus

<p>Municipal Corporations — Validity of Organization — Substantial Compliance with Statute — Quo Warranto.—While substantial compliance with the statute in the organization of a municipal corporation is sufficient, yet, where any important provisions of the law have been violated or ignored, the corporation may be annulled at suit of the people in an action of quo warranto.</p> <p>Id.-—Time of Presenting Petition—Publication of Notice—Construction of Statute.—The proper construction of section 2 of the statute of 1883, as amended in 1889, respecting the formation of municipal corporations, does not require that the. petition describing the territory to be incorporated, and signed by at least fifty qualified electors of the county, resident within the limits of such territory, should be presented to the board in the first place before the publication of notice; but it is only required to be presented to the board of supervisors after two weeks’ notice by publication of the time when it will be presented.</p> <p>Id.—Insufficient Affidavit to Petition—Genuineness of Signatures. An affidavit attached to a petition for the organization of a municipal corporation which merely shows that the names attached to the petition were names of qualified electors, resident within the limits of the proposed corporation, but which does not show that their signatures were genuine, is radically defective; and if it does not appear that there was any evidence offered before the board of supervisors, or before the court, of the genuineness of the signatures other than the affidavit attached to the petition, there is no evidence to sustain a finding that the petition was in fact signed by fifty qualified petitioners, and there was a failure, in a substantial particular, to comply with the statute.</p> <p>Id.—Jurisdiction of Board to Establish Corporation.—It is absolutely essential to the jurisdiction of the board to make an order declaring the establishment of the corporation that a prop