Alderson v. County Court of Summers County

Haymond, Judge:

In this original proceeding, J. C. Alderson, a citizen and a resident of Summers County, West Virginia, seeks a writ of mandamus to require the defendants, The County Court of Summers County and as such ex officio the board of canvassers, and J. A. Wallace, S. 0. Gum and Harold Bo-land, members of the county court, to grant him a recount of the ballots cast at the primary election held on May 11, 1948, between him and Carlos B. Garten as candidates for the Democratic nomination for the office of sheriff of that county.

On July 6, 1948, a rule, returnable July 29, 1948, was…