Legal Opinion

County Court of Summers County v. Nicely

West Virginia Supreme Court

Decided December 16, 1939No. 8989PublishedCited by 8 opinions

1Opinion of the Court

FOX, PRESIDENT:

This is a statutory proceeding instituted under the provisions of Code, 6-6-7, by the county court of Summers County, seeking to remove from office Margaret Nicely, county superintendent, and the members of the Board of Education of said county. Margaret Nicely filed her separate demurrer to the petition, basing the same upon the claim that she does not hold a county office, and therefore does not come within the provisions of the statute under which the proceeding is instituted. This demurrer was sustained by the trial court, to which action the county court prosecutes this…

2Cases cited3 opinions

  1. Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
  2. Heath v. JohnsonWest Virginia Supreme Court · 1892
  3. Springer v. Board of Education of Ohio CountyWest Virginia Supreme Court · 1936

3Cited by8 opinions

  1. State Ex Rel. Rogers v. Board of EducationWest Virginia Supreme Court · 1943
  2. State Ex Rel. West Virginia Citizens Action Group v. West Virginia Economic Development Grant CommitteeWest Virginia Supreme Court · 2003
  3. Rowan v. Board of EducationWest Virginia Supreme Court · 1943
  4. Hall v. PizzinoWest Virginia Supreme Court · 1980
  5. Jackson v. Board of EducationWest Virginia Supreme Court · 1945

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