People Ex Rel. Smith v. City of San Jose

In these proceedings in quo warranto to test the validity of the annexation of inhabited territory to the city of San Jose the defendants had judgment. The cause was tried on an agreed statement of facts and without any additional evidence. Findings of fact were made. They add nothing to the judgment as will appear hereafter. Accordingly the appeal presents questions of law alone and we may confine our discussion to two of these as they control the judgment.

The proceedings are taken under the Annexation Act of 1913 (2 Deering’s Gen. Laws, Act 5159, Stats. 1913, p. 587) prior to its repeal in…