State ex rel. Connaughton v. Holcomb

*661The opinion of the court was delivered by

Burch, J.:

The action in the district court was one of quo warranto brought by the state to test the validity of the incorporation of the city of Zenda. A demurrer to the petition was overruled and the defendants appeal.

The statute governing the subject reads as follows:

“Whenever a petition signed by a majority of the electors of any unincorporated town or village within the state shall be presented to the board of county commissioners of the county in which such town or village is situated, setting forth the metes and bounds of their village and…