State ex rel. Acton v. Penrod

This is an original application, commenced in this court, for a writ of mandamus to 'compel respondent to place the name of.relator upon the nonpartisan judiciary ballot as a candidate for the office of judge- of the county court.. The writ must be denied.

It appears that under the nonpartisan judiciary act, namely, sections 2209-2211, Rev. St. 1913, as amended by chapter 37, Laws 1917, three candidates filed for the office in question at the primary. After the primary it became the duty of respondent, under the law, to place *735upon the nonpartisan ballot the names of the two candidates…