Dayton v. Horstman

OPINION

By McBRIDE, J.:

This action is one in mandamus to command the officers of the Board of Elections to hold a municipal primary for the selection of six candidates for the City Commission according to the Charter of the City of Dayton. An alternative writ of mandamus was allowed returnable at 2:00 P. M. on July 22nd, 1957 requiring the defendants to proceed or show cause why they have not done so.

Subsequently a demurrer was filed. The demurrer tests the sufficiency of the petition and submits the legal question as to whether a municipal primary is required under the circumstances set forth…