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filed with them. After the sections
10-26-11


of a petition have once been filed they may not be amended by its friends nor mutilated by its enemies. To permit the one would lead to the other. And besides this Christian Louboutin Outlet the result Intended by the requirement of the Constitution that all sections in any county shall be filed Coach Outlet Store Online at the same time would be frustrated. Respondent however In his answer to relators petition Bays that the sections from Nike Air Max 90 Kent had not been filed in his office when they were returned to the clerk of that county; and an Inspection of the sections shows no filing mark at that time. They were therefore as if they had not as yet been transmitted to the secretary of state. But thesections from the county of Wayne were filed In the office of the secretary of state on the th day of August This is Coach Outlet Store Online shown by the filing stamp of the department on each section and is not denied by respondents answer. And after being so filed and while in the custody of the secretary of state they were returned to the office of the clerk of Wayne county. Later these sections were brought back to the secretary of state with a letter from the county clerk notifying the secretary that more than changes and corrections had been made in the various sections while they absent from his office. Respondent Is required to canvass the petition and Its various sections as they are filed In his office and not as they may be afterwards changed for better or for worse. He says In his answer in substance that he does not know what changes if any were made in the sections returned to Wayne county which is the same as saying that he cannot make any assured canvass of these sections as they were filed. Under these circumstances the sections from Wayne county cannot be canvassed at all and must Nike Shoes Australia be rejected. Their integrity Is gone and the verity of the affidavits attached thereto has been destroyed.The writ of mandamus will Issue directing respondent to recanvass the referendum petition referred to in accordance with the principles stated Nike Australia in this opinion and to amend his proclamation so as to accord with the result of such recanvass but without costs.A petition in all respects complying with provisions of section Compiled Laws except that Nike Air Max it prayed for the organization of two new school districts instead of one was filed with the board of county commissioners and county superintendent Pursuant thereto notice was given and upon a hearing Coach Outlet Store Online the board organized two new school districts from portions of an old district. Heldthat while such petition and the proceedings thereunder were irregular they were not a nullity and afford plaintiffs no ground for the relief prayed for in the complaint Ed. fiote.For other cases see. Schools and School Districts Cent. Dig. f ; Dec. Dig. « .Appeal from District Court Hettinger County; W. C. Crawford Judge.Proceeding In the nature of Christian Louboutin Outlet quo warranto by Carl E. Tallmadge and others against Sam Walker and others. From a judgment for defendants plaintiffs appeal. Affirmed.W. F

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