Elting v. Clouston

The opinion of the court was delivered by

Dawson, J.:

This action was brought by two private citizens against the board of county commissioners of Ness county to restrain the latter from canvassing and declaring the result of a rural high-school election, and “for all other equitable relief.”

Plantiffs grounded their action on two alleged facts:(1) That the election complained of was held within two years after a similar proposition had been submitted at an election and had been defeated, and (2) that the first of the three requisite weekly publication notices of the election was so imperfect in…