Hertzog v. Fox

Haymond, Judge :

This is a proceeding in mandamus instituted in the Circuit Court of Marion County, in December 1955. The petitioner, Virgil R. Hertzog, seeks a writ to require the defendants, H. M. Fox, Mayor of the town of Worthing-ton, West Virginia, C. L. Sturm, Recorder, J. M. Barr, L. D. Baker, Frank Mayo and Joe Martino, Councilmen, to permit him to occupy the office of councilman of the town of Worthington, to which he was elected in June, 1955, and to which he claims to be entitled, and to require the defendant Kenneth Willis, the present occupant, to deliver possession of that office…