Legal Opinion

French v. Bennett

West Virginia Supreme Court

Decided October 31, 1911PublishedCited by 12 opinions

Petition by Edmund R. French for writ of mandamus against W. R. Bennett, Judge, and others.

1Opinion of the Court

Brannon, Judge:

At the general election in November, 1910, John T. Simms was the Republican candidate for judge of the criminal court of Fayette county, and Edmund R. 'French was the Democratic and Independent Republican candidate. On the face of the returns French was elected, and on a recount of the ballots Simms was declared elected. French then instituted a contest in the county court, which sustained a demurrer and a motion to quash the petition and notice filed by French, and dismissed them on the ground that the office of judge of said criminal court was a state office and the county…

2Cases cited4 opinions

  1. Hasson v. City of ChesterWest Virginia Supreme Court · 1910
  2. Roberts v. PaulWest Virginia Supreme Court · 1901
  3. Peoples Bank v. BurdettWest Virginia Supreme Court · 1911
  4. Hardman v. CabotWest Virginia Supreme Court · 1906

3Cited by12 opinions

  1. State ex rel. McCartney v. NuzumWest Virginia Supreme Court · 1978
  2. State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
  3. State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
  4. State ex rel. Emery v. RodgersWest Virginia Supreme Court · 1953
  5. McComas v. WarthWest Virginia Supreme Court · 1932

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