Colquhoun v. City of Tucson

This is an appeal by L. M. Colquhoun, hereinafter called plaintiff, from a judgment in favor of the City of Tucson, a municipal corporation, and its mayor and councilmen, hereinafter called defendants. The facts necessary for a decision of the appeal are not in dispute and may be stated as follows:

On December 15,1938 a petition asking that an election be held under section 367, Revised Code of 1928, as amended by chapter 86, Session Laws of 1931, to determine whether certain area contiguous to the City of Tucson should be incorporated as the Town of South Tucson was filed with the clerk of…