Legal Opinion

Pack v. Karns

West Virginia Supreme Court

Decided October 22, 1918PublishedCited by 3 opinions

Prohibition by J. C. Pack against H. D. Karns and others, as the Board of Ballot Commissioners of Mercer County.

1Opinion of the Court

POEFENBARGER, PRESIDENT :

The petitioner seeks writs of prohibition to restrain the board of ballot commissioners of Mercer County from placing the names of two persons on the official ballots to be used in that county, in the general election to be held Nov. 5, 1918, as candidates of the democratic party, on the ground that they are not nominees of said party. ,

Whether they are nominees cannot be judicially ascertained or determined on these petitions. A degree of uncertainty as to the effect of the statute, sec. 89, ch. 3 of the Code, allowing mandamus as a remedy to compel election officers…

2Cases cited7 opinions

  1. Daniel v. SimmsWest Virginia Supreme Court · 1901
  2. Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
  3. Morris v. Board of CanvassersWest Virginia Supreme Court · 1901
  4. Boggess v. BuxtonWest Virginia Supreme Court · 1910
  5. Dunlevy v. County Court of Marshall Co.West Virginia Supreme Court · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State Ex Rel. Bumgardner v. MillsWest Virginia Supreme Court · 1949
  2. State Ex Rel. Cline v. HatfieldWest Virginia Supreme Court · 1960
  3. State Ex Rel. Cline v. HatfieldWest Virginia Supreme Court · 1960

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