Legal Opinion · Dissent

State Ex Rel. Thomas v. Board of Ballot Commissioners

West Virginia Supreme Court

Decided September 6, 1944No. 9634Published

1Dissent

Rose, President,

dissenting:

In my judgment Chapter 48 of the Acts of the Legislature of 1943, clearly limits the nomination of candidates for membership on a Board of Education so that there can be: (1) two nominees, and no more, from a district in which there is no present member who will continue as such into the term for which the nominations are to be made; (2) one nominee, and no more, from a district from which there will be one such member held over; and (3) no nominees from a district from which there will be two such holdovers. This view of the statute has been officially announced by…

2Cases cited24 opinions

  1. Daniel v. SimmsWest Virginia Supreme Court · 1901
  2. Shields v. BennettWest Virginia Supreme Court · 1874
  3. Hall v. BaylousWest Virginia Supreme Court · 1930
  4. State v. GilmanWest Virginia Supreme Court · 1889
  5. Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904

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