Mulholland v. Ayers

Plaintiff was elected senator of Silver Bow county on November 8, 1938, for a four-year term commencing on January 2, 1939. On February 17, 1939, he filed as a candidate for mayor of the city of Butte, but waged an unsuccessful campaign. He did not file a resignation as state senator. He brought this action to enjoin defendants from taking the necessary steps to fill the vacancy supposed to exist because of the provisions of Chapter 116, Laws of 1937, and sought a declaratory judgment declaring the meaning, scope and application of that Chapter.

Defendants' demurrer to the complaint was…