
    State ex rel. Nord, Appellant, vs. Baxter, Mayor, and others, Respondents.
    
      February 12
    
    March 8, 1927.
    
    Companion case to State ex rel. Baxter v. Beckley, ante, p. 367.
    Appeal from a judgment of the circuit court for Douglas county: W. R. Foley, Circuit Judge.
    
      Affirmed.
    
    
      W. B. Kellogg of Superior, for the appellant.
    For the respondents there was a brief by Grace, Fridley & Crawford of Superior, and oral argument by C. R. Frid-ley.
    
   Eschweiler, J.

This is a companion case to State ex rel. Baxter v. Beckley, city clerk, and Edward Nord, intervenor, decided herewith (ante, p. 367, 212 N. W. 792).

It having been determined in the latter case that there was no sufficient petition for a recall election it necessarily follows that the trial court in this case was right in ordering judgment dismissing the intervenor’s application for a writ of mandamus to compel the holding of such proposed recall election.

By the Court. — Judgment affirmed.

Stevens, J., dissents.

Crownhart, J., took no part.  