SHARPE, J.
Plaintiff, Charles W. Attwood, is one of the subscribers to a petition for the incorporation of the village of Wayne into the city of Wayne. The petition was filed with the clerk of the board of supervisors on July 21, 1953. This petition was officially received by the board of supervisors on September 21, 1953, and on the same date the prosecuting attorney for Wayne county issued his opinion, which, in part, reads as follows:
"`Petition for incorporation...
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