State ex rel. Anderson v. Duffy

On July 27, 1962, the Mayor of the City of Cleveland resigned from office, creating a vacancy in the office of mayor. Due to confusion over the method to be used to fill such vacancy, an action for declaratory judgment was instituted, requesting an interpretation of the provisions of the Charter of the City of Cleveland relating to the filling of such vacancy.

*2Both the Court of Common Pleas and the Court of Appeals determined that there should be a partisan primary election, and that independent candidates should be entitled to file nominating petitions for such office.

Inasmuch as counsel in…