STATE v. HORNE

No. 7847.

98 N.W.2d 150 (1959)

STATE of North Dakota ex rel. Ervin KJELDEN, Alfred Nelson and Harold Kindervog, as electors, taxpayers and members of the School Board of South Minnewaukan No. 30 School District of Ramsey County, North Dakota, and Eddie Kleven, Alvin Anderson and Willard Elverum, as electors, taxpayers and members of the School Board of Minnewaukan No. 4 School District of Ramsey County, North Dakota, Plaintiffs and Relators, v. Caroline HORNE, as County Superintendent of Schools of Ramsey County, North Dakota, Defendant and Respondent.

Supreme Court of North Dakota.

August 18, 1959.


Attorney(s) appearing for the Case

Duffy & Haugland, Devils Lake, for relators.

Traynor & Traynor, Devils Lake, and Leslie R. Burgum, Atty. Gen., Helgi Johanneson, Asst. Atty. Gen., Gerald W. Vande Walle, Sp. Asst. Atty. Gen., for respondent.

Shaft, Benson & Shaft, Grand Forks, Kelsch & Scanlon, Mandan, amici curiae.


MORRIS, Judge.

This matter presents a question of law certified to this court under the provisions of Chapter 32-24, NDRC 1943. Pursuant to an application of the relators the district court of Ramsey County issued a writ of certiorari to the respondent, the county superintendent of schools of Ramsey County, directing her to certify to that court a transcript of all proceedings concerning the organization of a new school district embracing portions of old school districts...

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