Killian v. Wilkins

Mr. Associate Justice Baker

delivered the majority opinion of the Court, with Circuit Judge J. Henry Johnson, Acting Associate Justice, filing a Concurring Opinion and Mr. Associate Justice Fishburne filing a Dissenting Opinion.

The opinion of the Court follows :

This proceeding, brought in the original jurisdiction of this Court, seeks a writ of mandamus compelling the respondents, as the holdover officers of the Town óf Blacks-burg, S. C., to arrange for and hold an election for the office of mayor and aldermen of said town.

The respondents first demurred to the petition of petitioners, and…