Marion County Election Board v. O'BRIEN

*53 DISSENTING OPINION

Jackson, C. J.

I cannot agree with the conclusions reached by the majority opinion herein. The appellants here, plaintiffs below, instituted an action in the Marion Circuit Court against the appellees, defendants below, under the provisions of the uniform Declaratory Judgments Act, Acts of 1927, ch. 81, being §3-1101 et seq., Burns’ 1946 Replacement, praying that the Acts of 1929, ch. 18, §1, being §49-2702 Burns’ 1951 Replacement be declared constitutional. The issues were closed by appellees filing their separate and several answers in denial to the complaint; trial was…