Legal Opinion

Clay v. Ballard

Supreme Court of Virginia

Decided May 5, 1891PublishedCited by 25 opinions

Petition of Henry DeB. Clay, a legalized voter, for a writ of mandamus to compel W. P. Ballard, registrar of election district No. 1, in Newport News, Warwick county, to allow him to inspect and take a copy of his registration books. The defendant demurs to, and also answers the petition. In his answers he states that he never refused to allow an inspection of the books, but denies the petitioner’s right to demand or have copies of them.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

The principal question we have to determine is, whether the petitioner has the right to demand or have copies of the registration books.

•Preliminary to this, however, is a question of jurisdiction. It is contended that the present is not a proper ease for the exercise of the original jurisdiction of this court. The statute, now carried into section 3086 of the Code, gives the court original jurisdiction to issue writs of mandamus to the circuit and other enumerated courts, “ and in all other cases in which it may be necessary to prevent a failure…

2Cases cited1 opinion

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838

3Cited by25 opinions

  1. Clement v. GrahamSupreme Court of Vermont · 1906
  2. Goldman v. LandsidleSupreme Court of Virginia · 2001
  3. Sinclair v. YoungSupreme Court of Virginia · 1902
  4. Undisclosed LLC v. StateSupreme Court of Georgia · 2017
  5. Direct-Mail Service, Inc. v. Registrar of Motor VehiclesMassachusetts Supreme Judicial Court · 1937

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