Cushwa v. Lamar
West Virginia Supreme Court
Error to Circuit Court, Berkeley County. Contested election between Harry S. Cushwa and Charles M. Lamar. From a judgment for plaintiff, defendant brings error.
1Opinion of the Court
Dent, Judge:
On a writ of error to the judgment of the Circuit Circuit of Berkeley County in favor of Harry S. Cushwa against Charles M. Lamar, in a contested election case removed from the council of the town of Martinsburg by a writ of certiorari, the jurisdiction of this Court is objected to by the defendant.
There are two distinct classes of cases in which, according to the statutes of this State, certiorari is the proper remedy: (1) All that class of cases in which the writ was proper at common law; (2) civil cases wherein the writ is made a substitute for the writ of error. In the latter…
2Cases cited12 opinions
- Dryden v. SwinburnWest Virginia Supreme Court · 1879
- Halstead v. RaderWest Virginia Supreme Court · 1886
- Town of Davis v. DavisWest Virginia Supreme Court · 1895
- Ledbetter v. HallSupreme Court of Missouri · 1876
- Cunningham v. SquiresWest Virginia Supreme Court · 1868
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3Cited by4 opinions
- Richmond v. HendersonWest Virginia Supreme Court · 1900
- Dudley v. BarrettWest Virginia Supreme Court · 1905
- Monongahela West Penn Public Service Co. v. State Road CommissionWest Virginia Supreme Court · 1927
- Copley v. TrentWest Virginia Supreme Court · 1936