LaFever v. Ware

delivered the opinion of the Court., This case is here on appeal from a decree of the Chancellor sustaining certain grounds of the demurrer and holding unconstitutional Section 15 of Chapter 35 of the Private Acts of 1953 and Chapter 283 of the Public Acts of 1961.

The Court decreed that the bill, as amended, was properly filed under the Declaratory Judgments Act and that the record presented a justiciable issue, with which we agree.

The defendant, Ralph Hutson, was nominated in the Democratic Primary in August, 1961, by a majority of one vote, for the office of Judge of the Court of General…