Legal Opinion

Luther v. McClaren

West Virginia Supreme Court

Decided October 5, 1920PublishedCited by 5 opinions

Error to Circuit 'Court,. Mingo County. Proceeding by J. W. Luther, begun by notice and petition, to contest the primary nominátion of W. J. MeClaren for the office of státe senator. Proceeding dismissed, and petitioner brings error.

1Opinion of the Court

Mxlles, Judge:

This is a proceeding begun by plaintiff, by notice and petition, in the circuit court of Mingo County, to contest the nomination of the defendant for the office of state senator, on the Kepublican *134ticket, for the Sixth Senatorial District of West Virginia, at the primary, election held pursuant to law, on May 25, 1920.

That defendant, on the face of the returns of said primary election, was nominated for said office by a majority of the votes cast and counted for him, is not controverted; and it is not sought by this proceeding to review, by original process of this court or…

2Cases cited2 opinions

  1. Upshur County v. RichSupreme Court of the United States · 1890
  2. Baer v. GoreWest Virginia Supreme Court · 1916

3Cited by5 opinions

  1. State ex rel. Hager v. OakleyWest Virginia Supreme Court · 1970
  2. State ex rel. Hatfield v. CarringtonSupreme Court of Iowa · 1922
  3. State Ex Rel. Raese v. BattleWest Virginia Supreme Court · 1965
  4. State Ex Rel. Myers v. GarnerWest Virginia Supreme Court · 1963
  5. State Ex Rel. Hager v. OakleyWest Virginia Supreme Court · 1970

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