State Ex Rel. Summerfield v. Maxwell

Haymond, President,

dissenting in part and concurring in part.

As I firmly believe that mandamus is not the proper remedy to compel a county board of ballot commissioners to omit or remove from an election ballot the name of any candidate who has filed and has been certified by the proper authority as a candidate to be voted for in a primary election, I dissent from the holding of the majority of this Court which, adhering to the erroneous and ill considered cases of State ex rel. Duke v. O’Brien, 145 W. Va. 600, 117 S. E. 2d 353; State ex rel. Zickefoose v. West, 145 W. Va. 498, 116 S. E. 2d…