Hebb v. Cayton
West Virginia Supreme Court
Error to Circuit Court, Tucker County. Mandamus by Charles M. Hebb against the county com-missiomers of Tucker County as a board of canvassers. A peremptory writ issued, and William M. Cayton brings error.
1Opinion of the Court
Brannon, President :
Charles M. Hebb and William M. Cayton were candidates for the clerkship of the county court of Tucker County at the election in November, 1896. While the commissioners of the county were in session as a board of canvassers canvassing- the returns of the election, Hebb demanded a recount of the ballots for that office, which, being refused, he asked and obtained from the circuit judge a mandamus to compel such recount, and Cayton sued out the writ of error we now decide. It is urged before us that certiorari, not mandamus, is the proper remedy. The action of canvassers in…
2Cases cited9 opinions
- Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
- State v. County CourtWest Virginia Supreme Court · 1890
- Wheeling Bridge & T. R'y Co. v. PaullWest Virginia Supreme Court · 1894
- State v. LowryWest Virginia Supreme Court · 1896
- Miller v. County Court of Tucker CountyWest Virginia Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allen v. State of West Virginia Human Rights CommissionWest Virginia Supreme Court · 1984
- White v. ManchinWest Virginia Supreme Court · 1984
- Dunlevy v. County Court of Marshall Co.West Virginia Supreme Court · 1900
- Johnson v. Board of CanvassersWest Virginia Supreme Court · 1927
- State v. White Oak Railway Co.West Virginia Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.