Village of Osmond v. Smathers

On the petition of James R. Smathers, the district court for Pierce county entered a decree detaching certain real estate of plaintiff from the village of Osmond. The latter has brought the record here for review.

Plaintiff grounds his right to bring this suit and for relief under the provisions of section 101, article 1, chapter 14, Compiled Statutes, which provides: “Whenever a majority of the legal voters of any territory within any city or village, and being upon the border, and within the boundary thereof, shall petition the district court of the county in which such city or village is…