State ex rel. Butts v. Wolford
West Virginia Supreme Court
Original proceedings in mandamus by the State, on the relation of Ií. H. Butts, against John T. Wolford, to compel an outgoing City Treasurer to surrender the office and funds in his hands. Peremptory writ awarded.
1Opinion of the Court
PoEEENBAEGEE, JUDGE :
The sole inquiry in this proceeding by mandamus, to compel the alleged outgoing treasurer of the City of Martinsburg to surrender to the relator, who claims to have been elected as his successor, the office and city funds in his hands, is whether the, mayor of said city is a member of its common council and entitled to vote on questions arising therein. If he is not, that body consists of five elected members, three of whom voted for the relator, while the other two voted for the respondent, and *550the title of the former is clear. Claiming membership, the mayor attempted to…
2Cases cited9 opinions
- United States v. MooreSupreme Court of the United States · 1878
- Hamilton v. RathboneSupreme Court of the United States · 1899
- Daniel v. SimmsWest Virginia Supreme Court · 1901
- State ex rel. Brandon v. Board of ControlWest Virginia Supreme Court · 1919
- State ex rel. Gordon v. State Board of ControlWest Virginia Supreme Court · 1920
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3Cited by1 opinion
- Mortgage Co. of Maryland, Inc. v. LoryWest Virginia Supreme Court · 1931