Garry v. Martin

delivered tbe opinion of the court.

This proceeding grew out of an attempt to create from tbe easterly portion of Fergus county a new county to be named Petroleum.

On November 20, 1923, tbe board of county commissioners of Fergus county passed a resolution granting tbe petition praying for tbe creation of the new county and on November 23 following issued a proclamation and notice of election for the purpose of submitting tbe proposition for its creation to the electors residing within its proposed territory. The plaintiff, an elector and taxpayer of Fergus county, who was opposed to tbe…