State ex rel. Taggart v. Holcomb

*257The opinion of the court was delivered by

Benson, J.:

This action is brought to restrain the defendant from placing the names of candidates for district judge upon the primary ballots in Wyandotte county. The trial court refused an injunction, and the state appeals.

By chapter 112 of the Laws of 1909 (Gen. Stat. 1909, §§ 2445-2458) it is provided that in counties having a population exceeding 100,000 the district court shall consist of two or more divisions. Section 2 of the act follows:

“Upon the taking effect of this act the duly elected and presiding judge of the district court of each county…