Legal Opinion

State ex rel. Board of Education v. Cavendish

West Virginia Supreme Court

Decided November 6, 1917PublishedCited by 11 opinions

Mandamus by the Board of Education of Kanawha District, Fayette County, against J. W. Cavendish, County Superintendent and ex-Officio Financial Secretary.

1Opinion of the Court

"Williams, Judge:

The Board of Education of Kanawha District, Fayette county, applies to this court for a writ of mandamus to compel, J. W. Cavendish, county superintendent of said county and ex officio financial secretary, to countersign certain enumerated drafts for the pay of school teachers employed to-teach school in said district, issued by said board and signed by J. P. Kincaid as its president and by M. E. Kincaid as its secretary.

The right of said board of education, as relator, to maintain this proceeding is challenged by demurrer to the alternative writ, but concerning such right…

2Cases cited4 opinions

  1. State ex rel. Wayne County Court v. HerraldWest Virginia Supreme Court · 1892
  2. State ex rel. Wolfe v. BronsonSupreme Court of Missouri · 1893
  3. Pearsons v. RanlettMassachusetts Supreme Judicial Court · 1872
  4. Cole v. State ex rel. HopperIndiana Supreme Court · 1892

3Cited by11 opinions

  1. Nelson v. West Virginia Public Employees Insurance BoardWest Virginia Supreme Court · 1983
  2. Langer v. StateNorth Dakota Supreme Court · 1939
  3. State ex rel. West Virginia Highlands Conservancy, Inc. v. West Virginia Division of Environmental ProtectionWest Virginia Supreme Court · 1995
  4. State Ex Rel. Koontz v. Board of Park Commissioners of City of HuntingtonWest Virginia Supreme Court · 1948
  5. State Ex Rel. Marockie v. WagonerWest Virginia Supreme Court · 1994

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