Legal Opinion · Concurrence

State ex rel. Zickefoose v. West

West Virginia Supreme Court

Decided July 12, 1960No. 12039Published

1Concurrence

Browning, President,

concurring:

I concur. However, upon the question of whether mandamus is a proper remedy in this proceeding to require the Ballot Commissioners to omit the name of Suder from the general election ballot, and as further answer to the contention that the courts are helpless in this matter except by quo warranto, a proceeding upon an information in the nature of quo warranto, or a contest subsequent to the general election, additional authority to that cited in the majority opinion is deemed appropriate.

In Branton, et al. v. Adams, et al., (Cal.), 243 P. 2d. 26, a candidate for…

2Cases cited6 opinions

  1. Pack v. KarnesWest Virginia Supreme Court · 1918
  2. State ex rel. Morrison v. FreelandWest Virginia Supreme Court · 1954
  3. Felt v. WaughopCalifornia Supreme Court · 1924
  4. State Ex Rel. Taylor v. GraySupreme Court of Florida · 1946
  5. Donham v. GrossCalifornia Supreme Court · 1930

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