Board of Supervisors v. Minturn
West Virginia Supreme Court
This was an appeal from a judgment of the circuit court of Mason county, rendered on the 6th day of September, 1867, upon a rule issued by said court against the Board of Supervisors of that county and Frederick Ford, upon the petition of William T. Minturn, praying a writ of mandamus against the Board of Supervisors to compel them to permit the petitioner, Minturn, to qualify and give bond as treasurer of Mason county.
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This was an appeal from a judgment of the circuit court of Mason county, rendered on the 6th day of September, 1867, upon a rule issued by said court against the Board of Supervisors of that county and Frederick Ford, upon the petition of William T. Minturn, praying a writ of mandamus against the Board of Supervisors to compel them to permit the petitioner, Minturn, to qualify and give bond as treasurer of Mason county. The rule was issued on tire 21st day of March, 1867, and service of tjie same was waived by the defendants. On the 6th day of September, 1867, the cause was heard on the rule.…
1Opinion of the CourtMaxwell, J.
Minturn filed a petition in the circuit court of Mason county, and asked for a writ of mandamus to the Board of Supervisors of the said county, to allow him to qualify and give bond as the treasurer of the said county. A rule was awarded and made absolute, according to the prayer of the petition.
It is claimed here that the proceedings are irregular, for several reasons. It is first insisted that the petition is itself irregular, because it is not verified by oath or affidavit. 'When the defendants first appeared in the court below, they moved the court to dismiss the rule issued, because the…
2Cited by20 opinions
- Allen v. State of West Virginia Human Rights CommissionWest Virginia Supreme Court · 1984
- Daniel v. SimmsWest Virginia Supreme Court · 1901
- Carter v. City of BluefieldWest Virginia Supreme Court · 1949
- Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
- State ex rel. Thompson v. McAllisterWest Virginia Supreme Court · 1893
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