In re Smith

— The petition of Melvin Smith et al. to detach certain lands from the village of Middleton, in Canyon county, was filed in the district court on December 5, 1921, and the court fixed as the date for hearing said petition, January 18, 1922. On January 14th a motion was filed on behalf of the village to dismiss the petition on the ground that it had not been served as provided by C. S., see. 4102, and that a notice stating the time and place of hearing had not been published as required by said section.

On January 17th, protestant village filed a general and special demurrer to the petition and…