STATE v. MUSCHEITES

No. 36004.

139 N.W.2d 887 (1966)

179 Neb. 674

STATE of Nebraska ex rel. Delmar STULP, Appellant, v. B. F. MUSCHEITES, Appellee.

Supreme Court of Nebraska.

February 4, 1966.


Attorney(s) appearing for the Case

Richard H. Hansen, Hyman Polsky, Lincoln, for appellant.

Robert Finn, Tecumseh, Dwight Griffiths, Auburn, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.


SMITH, Justice.

This is a statutory proceeding in quo warranto to contest an election. On defendant's motion for summary judgment the district court dismissed the action, and relator has appealed.

The information alleges that at the general election held November 6, 1962, defendant, and not relator, was declared to be elected to the office of county clerk of Pawnee County, Nebraska, as a result of illegal votes and wrongful conduct by defendant. The answer...

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