State ex rel. Stulp v. Muscheites

This is a statutory proceeding in quo warranto to contest an election. On defendant’s motion for summary judgment the district court dismissed the action, and relator has appealed.

The information alleges that at the general election held November 6, 1962, defendant, and not relator, was declared to be elected to the office of county clerk of Pawnee County, Nebraska, as a result of illegal votes and wrongful conduct by defendant. The answer and reply raise a formal issue of fact whether relator gave property of value as compensation for votes.

The motion for summary judgment was based partly on…