State Ex Rel. Fanning v. County Court of Mercer County

Lovins, Judge:

By this original proceeding in mandamus, relator, J. C. Fanning, seeks to compel the Board of Canvassers of Mercer County, West Virginia, and C. I. Johnston, A. C. White, and Fred A. Thomason, members of said board, to grant a recount of ballots cast for and against him at the primary election held on August 6, 1946, as a Democratic candidate for the office of member of the county court of said county for a term of six years.

This proceeding was submitted on relator’s petition, the joint and several answer of respondents, and a demurrer to said answer by relator. Although the…