Isaacs v. Board of Ballot Commissioners

Maxwell, Judge:

This is an original proceeding in mandamus by Greely Isaacs challenging the candidacy of C. J. Marcum for the office of member of the House of Delegates from Lincoln County.

By his petition, relator sought to require the Board of Ballot Commissioners of that county (1) to omit from the official election ballot (general election November 5,1940), the name of Marcum as the Democratic nominee for House of Delegates, and (2) to place on the official ballot in lieu of Marcum’s name that of relator.

This Court on September 30, 1940, issued a rule in mandamus solely as to part one…