State Ex Rel. Johnson v. Schmidt

The question is whether the notice of the election was published twenty-one days prior to the date of election. I do not believe ¶¶ 1 (2) (3), and 2 of the syllabus and the corresponding portion of the majority opinion correctly decide that question.

As indicated in the majority opinion, the notice of election was first published November 26, 1956, and the election was held December 17, 1956. If it is proper to count the day of first publication as one of the days of notice, there were twenty-one days notice of the election prior to December 17, in compliance with G. S. 1955 Supp. 72-3541, and…