Killian v. Wilkins

Mr. Associate Justice Fishburne

(dissenting) :

I respectfully dissent from the conclusions reached in the opinion prepared by Mr. Associate Justice Baker in this case. As I view the facts and the law, the petition for a writ of mandamus should be denied.

The facts are fully stated in Justice Baker’s opinion. From this statement it appears that the municipal general election for the Town of Blacksburg was duly advertised, the registration books were opened, the managers of such election duly appointed, ballots printed and provided, and on the day appointed for the general election, the polls were…