Dryden v. Swinburne
West Virginia Supreme Court
*(Snyder, Judge, Absent.) "Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 19th day of December, 1879, in a contested election case, wherein John Dryden was plaintiff, and Thomas Swinburne was defendant, allowed upon the petition of said Dryden. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.
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*(Snyder, Judge, Absent.) "Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 19th day of December, 1879, in a contested election case, wherein John Dryden was plaintiff, and Thomas Swinburne was defendant, allowed upon the petition of said Dryden. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. G-reeu, Jud&e, furnishes the following statement of the case : This case is a contest for the office of clerk of the circuit court of Kanawha. The contest was first heard in the county court of…
1Judgment of the CourtGreen, Judge
The first question presented by this record is: ’ Did the circuit court of Kanawha have jurisdiction in this case ? It is argued by the counsel for the defendant, that the judgment of the county court in a case of this description is final and not subject to review in any torran. Article YIH. § 28 of the *104Constitution of 1872 provides, that the county court in all contested election cases shall “judge of the election qualifications and returns of its own members, and of all county and district officers.” But section 12 of this article provides, that “the circuit courts shall have the…
2Cases cited25 opinions
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- Dryden v. SwinburnWest Virginia Supreme Court · 1879
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