Brawley v. County Court of Kanawha County

Judge Hatcher and I fully concur in points one and two of the syllabus and in so much of the opinion as pertains thereto..We do not concur in point three or in the reasoning on which it is based.

Clearly,- under the last sentence of section 33, article 5, chapter 3, Code 1931, a party at whose instance a recount is conducted must pay the costs if the result of the . election be not changed by the recount. With reference .to that statutory requirement, this court stated- in Goff v. Young, 61 W. Va. 693, 57 S. E. 328, 329: “The evident .purpose of this clause is to discourage groundless de- :…