State ex rel. Duckworth v. Board of County Commissioners

The opinion of the court was delivered by

Robb, J.:

This is an original proceeding in mandamus to compel the board of county commissioners of Morton county to proclaim Elkhart to be the county seat pursuant to an election held on January 24, 1961.

Since there is no dispute in regard to the holding of the election, the issuance of the alternative writ by this court, or the defendants’ return in response thereto, we shall refer only to such parts thereof as are necessary for determination of the issue before us.

Did 449 “no” votes cast in opposition to 1,060 “yes” votes result in a sufficient…