215 N.W. 267 | N.D. | 1927
On February 21, 1926, a petition to call an election in the Wyndmere school district of Richland county to determine the question of the location of a schoolhouse on the southwest quarter of section 3 in township 132 north of range 52 west, and to build a schoolhouse on such location. The petition was filed and the board acting thereon called an election, which was held on the 12th day of March, 1926, and at such election the electors voted to locate and build a schoolhouse on said described land. Thereafter, the said board neglecting and refusing to build a school at said location, this proceeding in mandamus was brought to compel action. An order to show cause was duly issued, and on return day, the defendants appeared, and alleged as a defense, that the election was void, for the reason, that the petition to call the election was false, and insufficient, in this, that one petitioner resided less than two and one half miles from the school established and maintained in schoolhouse No. 2 said district. A demurrer to the return and answer of the defendants was sustained, the writ issued, and defendants appeal.
It is not claimed that there was anything illegal in the election itself, or that there was anything to interfere with a free and intelligent casting of the vote, and the ascertainment of the result. The contention is, that the law in relation to the petition is mandatory and jurisdictional, and that since one of the petitioners was disqualified, the whole proceedings are void.
The question involved in this case seems to be thoroughly settled in this state. The case of State ex rel. Laird v. Hall,
The judgment of the lower court is affirmed.
BIRDZELL, Ch. J., and BURR, NUESSLE, and CHRISTIANSON, JJ., concur.