State Ex Rel. Peck v. Anderson

M. L. Peck, on behalf of himself and others alleged to constitute more than two-thirds of the resident freeholders of the town of Sweet Grass, applied to the district court of Toole county, in which the town is situated, for a writ of mandate to compel the board of county commissioners of that county to order that the incorporation of the town be discontinued.

The complaint filed alleges that, on October 6, 1931, a petition was presented to the county clerk who, on November 12, certified that it was signed by more than two-thirds of the resident freeholders of the town, and that, as so signed…