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Leary v. Young

Leary v. Young, 176 P. 36 (Mont. 1918)
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Court
Montana Supreme Court · State Highest Courts
Decided
November 7, 1918
Docket
No. 4,297
Citations
176 P. 3655 Mont. 2751918 Mont. LEXIS 99
Disposition
Affirmed.
Headnotes
Special Elections — County High School Bounds — Notice—Failure to Publish — Effect. 1. Where the electors of a county had actual notice of a special election to be held for raising funds by a bond issue for high school purposes, failure of the county clerk to publish the statutory notice (Rev. Codes, sec. 531), did not invalidate the election.
Summary
Appeal from District Court, Lincoln County■; T. A. Thompson, Judge. Suit by J. E. Leary against C. T. Young and others, as County Commissioners, and L. G. Kienck, as Clerk of Lincoln County. Plaintiff appeals from a judgment for defendants and an order denying a new trial. Cause submitted on briefs of Counsel.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Opinion PER CURIAM.

At a special election held on June 24, 1918, in Lincoln county, a majority of the electors voting authorized the board of county *276 commissioners to issue bonds to the amount of $48,000 to provide funds to erect and equip a county high school building. On October 9 the plaintiff, a resident taxpayer of the county, brought this action to enjoin the issuance and sale of the bonds. After the issues were made up by formal pleadings, a trial was had upon an agreed statement of facts, which resulted in a judgment denying the injunction and awarding costs to the defendants. The plaintiff has appealed from the judgment and an order deying him a new trial.

The question presented for determination is whether the fail- [1] ure of the clerk to publish the notice required by section 531 of the Revised Codes invalidated the election notwithstanding the electors had actual notice of its date and of the question submitted to them. This question has heretofore been twice considered and determined by this court adversely to the contentions made by appellant’s counsel. (State ex rel. Patterson v. Lentz, 50 Mont. 322 , 146 Pac. 932 ; Wright v. Flynn, 55 Mont. 61 , 173 Pac. 421 .) We are entirely satisfied with the conclusions reached in these cases, and upon their authority the judgment and order are affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1920: 11929: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. State ex rel. Nelson v. Timmons189 P. 871 (Mont. 1920)
  2. Buckhouse v. Joint School District No. 28277 P. 961 (Mont. 1929)

Most recent

  1. Buckhouse v. Joint School District No. 28277 P. 961 (Mont. 1929)
  2. State ex rel. Nelson v. Timmons189 P. 871 (Mont. 1920)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State ex rel. Patterson v. Lentz, 146 P. 932 (Mont. 1915) 24
Wright v. Flynn, 173 P. 421 (Mont. 1918) 10

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