Kline v. McKelvey
West Virginia Supreme Court
Error to Circuit Court, Tucker County. Action by Joseph Kline against E. C. McKelvey. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
POEFENBARGER, JuUGE:
Tiffs case presents, upon a writ of error to a judgment of the circuit court of Tucker county, the question whether mandamus lies to obtain admission to an office by a person elected or appointed thereto against another person holding over under the claim that his successor has not been elected and qualified.
The controversy arises between Joseph Kline, who, in November, 1903, was elected to membership in the Board of Education for the District of Davis in Tucker county, but failed to qualify within the time required by law, and was afterwards appointed by the…
2Cases cited24 opinions
- Bridges v. ShallcrossWest Virginia Supreme Court · 1873
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- State ex rel. Thompson v. McAllisterWest Virginia Supreme Court · 1893
- Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
- Brown v. . TurnerSupreme Court of North Carolina · 1874
19 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Booten v. PinsonWest Virginia Supreme Court · 1915
- State Ex Rel. Bumgardner v. MillsWest Virginia Supreme Court · 1949
- Stowers v. BlackburnWest Virginia Supreme Court · 1955
- State ex inf. Major ex rel. Sikes v. WilliamsSupreme Court of Missouri · 1909
- Boggess v. BuxtonWest Virginia Supreme Court · 1910
20 more not listed; retrieve them via the Exa API.