State Ex Rel. Flynn v. Ellis

The relatrix, Alberta R. Flynn, respondent herein, and the appellant, Ruby S. Ellis, were rival candidates on the same party ticket for nomination to the office of county superintendent of schools at the primary election held in Blaine county in July, 1938., The appellant was nominated and became a candidate in the election held in November, 1938, whereupon she received the highest number of votes, was duly issued a certificate of election, and qualified by filing her oath of office and bond within the time required by law.

The respondent had been the incumbent in the above-mentioned office…