In Re Board of Trustees of El Cerrito

This is an original application for a writ of mandate to require the trustees of the city of El Cerrito to call a special election for the election of a city treasurer. The cause has been submitted on the demurrer of the board of trustees, who have voluntarily appeared as respondents, though they were not named as such in the petition. The grounds of the demurrer are, first, want of jurisdiction, and, second, failure of the petition to state sufficient facts.

The petition alleges that heretofore, but at a time not stated, the petitioner filed in the superior court in and for the county of…