People v. City of Carlsbad

This proceeding in quo warranto was brought to test the validity of the incorporation of the city of Carlsbad. The complaint, filed on July 21, 1953, alleged that the incorporation proceedings were void and ineffective because the notice of the election, as published, was fatally defective in that it did not contain the date of the election nor state the number of inhabitants of the proposed city, as required by section 34320 of the Government Code, and since that notice was not published “for at least the two weeks prior to the election,” as required by section 34319. By its answer the…