Legal Opinion

Burke v. Supervisors of Monroe County

West Virginia Supreme Court

Decided January 15, 1870PublishedCited by 13 opinions

Richard Burke and others, whp claimed to be elected township officers for Union township, Monroe county, filed their petition in the circuit court of Monroe county, on the 3rd day of December, 1868, alleging that they were duly elected to the offices of township clerk, &c., at an election held on the 22d day of October, 1868; that the board of supervisors had failed and refused to declare them so elected, but had on the contrary declared the election null and void, set it…

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Richard Burke and others, whp claimed to be elected township officers for Union township, Monroe county, filed their petition in the circuit court of Monroe county, on the 3rd day of December, 1868, alleging that they were duly elected to the offices of township clerk, &c., at an election held on the 22d day of October, 1868; that the board of supervisors had failed and refused to declare them so elected, but had on the contrary declared the election null and void, set it aside, and ordered another election. The petitioners asked a writ of certiorari compelling the board to send up all the…

1Opinion of the Court

Brown, President.

This was a rule in the nature of a writ of certiorari, and also to show cause why a mandamus should'not be awarded. The former to revise the proceedings and reverse the order of the board of supervisors of Monroe county, setting aside the election at which the plaintiffs claimed to have been duly elected to the several county offices; and the latter to compel the said board to declare the election of said officers, as shown by the election returns certified by the respective officers conducting said election, and grant them a certificate thereof respectively. No objection was…

2Cases cited1 opinion

  1. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868

3Cited by13 opinions

  1. Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
  2. State ex rel. Booth v. Board of Ballot Commissioners of Mingo CountyWest Virginia Supreme Court · 1972
  3. State Ex Rel. Board of Education v. MartinWest Virginia Supreme Court · 1932
  4. Territory of Arizona ex rel. Sherman v. Board of SupervisorsArizona Supreme Court · 1887
  5. West v. FergusonSupreme Court of Virginia · 1861

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