Bone v. Duclos

McFADDEN, Justice.

John Bone, plaintiff-respondent, an appointee to the office of county commissioner of Nez Perce County, instituted this action challenging the subsequent appointment of defendant-appellant Wilfred J. Duelos, to the same office. Duelos answered the respondent’s complaint and the case was submitted to the district court on stipulated facts. After both parties moved for summary judgment, the court entered summary judgment for respondent and Duelos appealed.

The facts as stipulated are as follows:

On November 3, 1970 at the general election held in Nez Perce County, Elmer Heitman,…