School District No. 1 v. Gerold

At the suit of Gerold and others the district court enjoined further procedure for the establishment of a high school in the above named district and the case comes here for review. A demurrer to the complaint was overruled, the defendant stood on the demurrer and there was a decree accordingly.

The real question is whether, at a meeting held pursuant to chapter 163, Session Laws of 1923, to determine the question of establishing a high school, the polls were kept open for the length of time required by law. We think they were, and that therefore, the injunction was erroneous.

The essential…