Ogden City v. Patterson

WOLFE, Chief Justice.

Action by Ogden City for a declaratory judgment to determine whether under Sec. 20-4-2, Utah Code Annotated 1943, as amended by Chap. 35, Laws of Utah 1943, as amended by Chap. 26, Laws of Utah 1951, sec. 104-4-2, there should be one or two judges on the City Court of Ogden City, and if two judges, whether the respondent, Clyde C. Patterson, was lawfully elected a judge of that court.

There is no dispute as to the facts. The population of Ogden as determined by the official United States Census for 1940 was 43,688. Prior to May 8, 1951, the statutes of this state provided…