¶1delivered the opinion of the court.
¶2This action was brought by defendants in error to contest the election of plaintiffs in error as trustees of the town of Atwood.
¶3In the matter of the People ex rel. Saunier v. A. C. Stratton et al., this court has just determined that the town of Atwood was not legally incorporated. There being no municipality, of course there can be no town trustees and the election out of which this action arose was a nullity.
¶4There being no offices to contest for, the writ of error will be dismissed, and the action remande*67d with instructions to dismiss the same, each party to pay his own costs.
¶5Remanded with instructions to dismiss.
¶6Chief Justice Gabbert and Mr. Justice Goddard concur.