Fouracre v. White
Superior Court of Delaware
Petition with affidavit annexed, by Thomas S. Fouracre and others, Levy Court Commissioners, composing and constituting “the Levy Court of New Castle County, ” for a rule to show cause why a writ of prohibition should not issue to William P. White and others, who had been appointed and commissioned by the Governor to act as and to constitute the “Department of Elections for the City of Wilmington,” under Chapter 111, Volume 29, Laws of Delaware.
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Petition with affidavit annexed, by Thomas S. Fouracre and others, Levy Court Commissioners, composing and constituting “the Levy Court of New Castle County, ” for a rule to show cause why a writ of prohibition should not issue to William P. White and others, who had been appointed and commissioned by the Governor to act as and to constitute the “Department of Elections for the City of Wilmington,” under Chapter 111, Volume 29, Laws of Delaware. The rule was awarded by the Superior Court and respondents waived the issuance thereof and appeared gratis without prejudice. There was a motion to…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
The following questions of law were argued:
First, whether the Superior Court had power to issue a writ of prohibition in this case.
Second, whether the act in question is unconstitutional because it contains subjects not expressed in the title.
Third, whether the act is unconstitutional so far as it relates to New Castle County outside of Wilmington, because it provides that the vote shall be taken on a day other than that of the general election.
*48Fourth, whether the person who furnished lists from which the Governor appointed the registration…
2Cases cited18 opinions
- United States v. BabbitSupreme Court of the United States · 1862
- United States v. WhitridgeSupreme Court of the United States · 1905
- Clendaniel v. ConradSupreme Court of Delaware · 1912
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1903
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3Cited by26 opinions
- Genuine Parts Co. v. CepecSupreme Court of Delaware · 2016
- Wells v. PurcellSupreme Court of Arkansas · 1979
- Maddrey v. Justice of the Peace Court 13Supreme Court of Delaware · 2008
- Matushefske v. HerlihySupreme Court of Delaware · 1965
- State v. SchorrSupreme Court of Delaware · 1957
21 more not listed; retrieve them via the Exa API.