State Ex Rel. Durkin v. Neely

McHugh, Justice:

This is a petition for an appeal by the relators, John J. Durkin, et al., citizens and taxpayers of the City of Huntington, West Virginia, from a final order of the Circuit Court of Cabell County, entered October 5, 1978, refusing to issue a writ of mandamus to require the respondent, Mary L. Neely, Clerk of the City of Huntington, to certify the sufficiency of a petition to recall certain members of the City Council of Huntington.

On June 21, 1978, the relators filed with the respondent a petition requesting an election to recall certain members of the city council. The…