Cunningham v. Cokely
West Virginia Supreme Court
Original petition by J. E. Cunningham and others for writ of mandamus to L. L. Cokely, Clerk of the Circuit Court of Ritchie County and others. Squike Halstead and J. Howard Holt, -for petitioners, furnish the following authorities: 1. Ch. 26, Acts 1915, does not apply to presidential electors.
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Original petition by J. E. Cunningham and others for writ of mandamus to L. L. Cokely, Clerk of the Circuit Court of Ritchie County and others. Squike Halstead and J. Howard Holt, -for petitioners, furnish the following authorities: 1. Ch. 26, Acts 1915, does not apply to presidential electors. Acts of 1915, Ch. 26, §1. State v. Brodijan (Nev.) 125 Pac. 699. 2. Every intelligent and virtuous citizen not a pauper has an inalienable right to participate in the government under which he lives; this fundamental right is recognized by the Constitution of West Virginia in Art. II, §§3, 4, and Art.…
1Opinion of the Court
Lynch, Judge:
The relators Cunningham and others, alleging themselves to be citizens and voters resident within the state and members of a political organization called and known as the Pro-*63Mbition party, pray a writ of mandamus to compel the ballot ■commissioners of Ritchie county to place on the official ballot for the general election in November, 1916, the names of the presidential electors nominated by the party at a state convention held for that purpose at Clarksburg June 7, 1916. Its nomination of candidates for president and vice-president of the United States was made by the national…
2Cases cited13 opinions
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- Ladd v. HolmesOregon Supreme Court · 1901
- Britton v. Board of Election CommissionersCalifornia Supreme Court · 1900
- State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
- DeWalt v. Bartley, Pennsylvania Court of Common Pleas, Philadelphia County1892
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Brewer v. WilsonWest Virginia Supreme Court · 1966
- State v. JacksonWest Virginia Supreme Court · 1938
- Olson v. StateArizona Supreme Court · 1930
- West Virginia Libertarian Party v. ManchinWest Virginia Supreme Court · 1980
- State v. HaskinsWest Virginia Supreme Court · 1923
9 more not listed; retrieve them via the Exa API.