Johnson v. Boundary School Dist. No. 101

WALTERS, Justice.

This appeal is from an order dismissing the plaintiffs’ complaint for failure to post a bond for costs before the defendants moved to dismiss due to the failure to file the bond as prescribed by the statutes governing an election contest. Because only one of the three causes of action alleged a challenge to a school district election, invoking the election statutes, and because the statutes do not expressly provide that the bond requirement is jurisdictional, we reverse the dismissal and remand the matter for further proceedings on the merits of the plaintiffs’ claims.

FACTS…