Legal Opinion

Boyers v. Crane

West Virginia Supreme Court

Decided July 15, 1865PublishedCited by 12 opinions

J. JEdgar Boyers, Secretary of State of West Virginia filed his petition in the circuit court of Ohio county on the 18th day of March, 1864, alleging that be bad been, prior to tbo first day of October, 1863, duly elected to the office of Secretary of State; that be bad faithfully discharged tbe duties thereof; that on the first day of January, 18.64, there was due him on account of services in said office 325 dollars; and that he had, on the 4th day of January, 1864,…

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J. JEdgar Boyers, Secretary of State of West Virginia filed his petition in the circuit court of Ohio county on the 18th day of March, 1864, alleging that be bad been, prior to tbo first day of October, 1863, duly elected to the office of Secretary of State; that be bad faithfully discharged tbe duties thereof; that on the first day of January, 18.64, there was due him on account of services in said office 325 dollars; and that he had, on the 4th day of January, 1864, presented his claim for payment to the Auditor of the State, who disallowed the same and refused to pay it. He asked that…

1Opinion of the CourtBrown, J.

By the constitution, the office of Secretary of State was to commence on the 4th day of March, 1863, and continue for the term of two years, at a salary of 1,300 dol-'-lars per annum. And by the ordinance of February 19th, 1863, the sole object of which was to put the government into operation, the said office, though in fact beginning on the 20th day of June, 1863, was to continue and be computed from the 4th of March, 1863; and so the term of two years expired on the 4th of March, 1865, instead of 1866, as it otherwise would have done but for said ordinance. And the question is, if the term…

2Cited by12 opinions

  1. State Ex Rel. Barker v. ManchinWest Virginia Supreme Court · 1981
  2. State ex rel. Mullen v. HowellWashington Supreme Court · 1919
  3. May v. RiceIndiana Supreme Court · 1883
  4. Dickinson v. JohnsonSupreme Court of Arkansas · 1915
  5. State ex rel. Peyton v. CunninghamMontana Supreme Court · 1909

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