Legal Opinion

State v. Carter

West Virginia Supreme Court

Decided March 3, 1908PublishedCited by 103 opinions

Error to Circuit Court, Mercer County. Application by the State, on the relation of H. A. Lilly ■and others against E. E. Carter and others for writ of man■damus. From an order granting the writ, defendants bring «error.

1Opinion of the Court

RobiNSON, Judge:

A writ of mandamus was sought and obtained, April 17, 1906, compelling respondents, the mayor and council of the city of Bluefield, to appoint certain commissioners for an election in said municipality to be held on the first Tuesday in May of that year. To the judgment awarding such writ of mcmdamus, this writ of error was prayed and awarded, April 20, 1906. It is, therefore, to be observed that the election at which said commissioners were to serve has long .since been held. The determination of the controversy at this date could have no vitality. It would avail nothing to…

2Cases cited1 opinion

  1. State v. LambertWest Virginia Supreme Court · 1902

3Cited by103 opinions

  1. Israel Ex Rel. Israel v. West Virginia Secondary Schools Activities CommissionWest Virginia Supreme Court · 1989
  2. State ex rel. Bluestone Coal Corp. v. MazzoneWest Virginia Supreme Court · 2010
  3. State Ex Rel. Jeanette H. v. PancakeWest Virginia Supreme Court · 2000
  4. State ex rel. West Virginia Secondary School Activities Commission v. OakleyWest Virginia Supreme Court · 1968
  5. STATE EX REL. McCABE v. SeifertWest Virginia Supreme Court · 2006

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