State, Ex Rel. v. Schortemeier, Secy.

This was an action against the secretary of state to obtain a writ of mandamus directing the defendant to accept and file declarations of candidacy of the relators for the office of judge of the ninth judicial circuit, (Bartholomew county), and to certify those names to be placed on the official ballot to be used at the primary election next month. A demurrer was. sustained to the complaint on which the trial court rendered judgment, and the relators perfected a term appeal. Sustaining the demurrer is assigned as error.

The complaint alleged, in substance, that the judge of said court died in…