Legal Opinion

Elbon v. Hamrick

West Virginia Supreme Court

Decided March 8, 1904PublishedCited by 11 opinions

Error to Circuit Court, Webster County. Certiorari by W. W. Elbon against Benjamin Hamrick and others. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

BRANNON, J UDGE :

W. W. Elbon was elected councilman of the town of Addison, Webster County, but upon contest before the town council he was declaied ineligible because not a freeholder, and then he sued out a writ of certiorari to reverse that decision, but the certiorari was dismissed by the circuit court as improvidently granted. Elbon obtained a writ of error.

The case now presents to this Court for decision only a moot or useless question, for the reason that the term of'office has expired, and if Elbon were successful, he could not take the office. Our case of State v. Lambert. 52 W. Va.…

2Cases cited4 opinions

  1. Mills v. GreenSupreme Court of the United States · 1895
  2. State v. LambertWest Virginia Supreme Court · 1902
  3. Ferguson v. MillenderWest Virginia Supreme Court · 1889
  4. Taylor v. MaynorWest Virginia Supreme Court · 1899

3Cited by11 opinions

  1. State ex rel. Gregory v. BoydIndiana Supreme Court · 1909
  2. Bice v. Boothsville Telephone Co.West Virginia Supreme Court · 1907
  3. Williamson v. MusickWest Virginia Supreme Court · 1906
  4. Whyel v. Jane Lew Coal & Coke Co.West Virginia Supreme Court · 1910
  5. Orwasky v. ChumaWest Virginia Supreme Court · 1964

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