Legal Opinion

Barbee v. Howard

West Virginia Supreme Court

Decided January 25, 1910PublishedCited by 5 opinions

Error to Circuit Court, Mason County. Certiorari by Hugh A. Barbee against H. B. Howard, Mayor, G-. W. M. Hooff, and C. F. Fiison, to review the action of a canvassing board. Judgment for plaintiff, and defendants Hooff and Fiison bring error.

1Opinion of the Court

Williams, Judge:

- At the municipal election held on the 16th day of March, 1907, for the election of officers for the The Town of Point Pleasant, G-. W. M. Hooff, Cl F. Fiison, H. A. Barbee and H. B. Blazer were all voted for as couneilmen by the voters of *632the Third Ward. Only two coimcilmen from the ward could be elected. On the 22d of March, 1907, the Mayor and council met to canvass the election returns. On the face of the returns it appeared that Hooif and Filson had each received eighty-three, Barbee eighty-five and Blazer eighty votes. Hooif and Filson demanded a recount. The recount…

2Cases cited4 opinions

  1. McWhorter v. NorthcutTexas Supreme Court · 1900
  2. Kaufman v. MastinWest Virginia Supreme Court · 1909
  3. Ferguson v. MillenderWest Virginia Supreme Court · 1889
  4. Elbon v. HamrickWest Virginia Supreme Court · 1904

3Cited by5 opinions

  1. Wyckoff v. PainterWest Virginia Supreme Court · 1960
  2. Shonk Land Co. v. JoachimWest Virginia Supreme Court · 1924
  3. Orwasky v. ChumaWest Virginia Supreme Court · 1964
  4. State v. A. R. Kelly & Co.West Virginia Supreme Court · 1945
  5. State v. JonesWest Virginia Supreme Court · 1917

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