Carr v. Wilson
West Virginia Supreme Court
Statement of the case by Judge BranNON : Bebort S. Carr is president of the Senate. He filed his petition in this court, averring that on the 4th of March, 1889, the office of Governor of the State had become and remains vacant, and that under see. 16, art. "VII, of the constitution it is his right and duty to act as Governor; that at the election last held tor Governor Nathan Goff and A. B-Fleming were the two candidates receiving the highest number of votes for that…
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Statement of the case by Judge BranNON : Bebort S. Carr is president of the Senate. He filed his petition in this court, averring that on the 4th of March, 1889, the office of Governor of the State had become and remains vacant, and that under see. 16, art. "VII, of the constitution it is his right and duty to act as Governor; that at the election last held tor Governor Nathan Goff and A. B-Fleming were the two candidates receiving the highest number of votes for that office; that Goff claiming to have received a greater number than Fleming, on 4th of March, 1889, took the oath of office and…
1Opinion of the Court
Brannon, Judge:
President Carr bases his claim for the office of Governor on section 16, art VII, of the constitution, which reads as follows:
“In case of the death, conviction on impeachment, failure to qualify, resignation, or other disability of the governor, the president of the’senate shall act as governor until the vacancy is filled or the disability removed.” Gov. Wilson denies the application of that provision to the present circumstances, and, though his term of four years as governor has expired, he claims to hold over until his successor shall be declared elected and qualified, under…
2Cases cited3 opinions
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- People Ex Rel. Conliss v. . NorthNew York Court of Appeals · 1878
- Ex parte LawhorneSupreme Court of Virginia · 1868
3Cited by15 opinions
- Thompson v. TalmadgeSupreme Court of Georgia · 1947
- State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
- State Ex Rel. Lyon v. BowdenSupreme Court of South Carolina · 1912
- Gragg v. DudleySupreme Court of Oklahoma · 1930
- State ex rel. Richardson v. HendersonWyoming Supreme Court · 1894
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