McPherson v. The State. Wallace Robinson

• Decision Date: 31 August 1869
• Citation: 3 W.Va. 564
• Parties: Joel McPherson v. The State.Wallace Robinson v. Idem.Alexander Walker v. Idem.George II. Lewis v. Idem.
• Court: West Virginia Supreme Court

3 W.Va. 564

Joel McPherson

v.The State.

Wallace Robinson

v.Idem.

Alexander Walker

v.Idem.

George II. Lewis

v.Idem.

Supreme Court of Appeals of West Virginia.

August Term, 1869.

An office holder in this State cannot be removed, because his name has been stricken from the list of registered voters, when he was, at the time of his election and induction into office, a qualified and registered voter, for that cause alone.

The rules in these cases were awarded in the court below, as appears by the record, on the motion of the prosecuting attorney of the county, but the cases were proceeded on in this court in the name of the State.

The opinion of the judge contains a sufficient statement of the point involved.

Sperry and Richardson for the plaintiffs in error. Attorney General Caldwell, and Stanton Allison for the State,

Maxwell, J. These are four separate causes brought here on writs of supersedeas from judgments of the circuit court of Greenbrier county. As the causes all involved the same question, and have been argued together, I shall consider them together. McPherson was the clerk of the circuit court, Robinson the sheriff, and Lewis the recorder of said county, and Walker the supervisor of one of the townships thereof.

Proceedings were instituted against these parties to remove them from their respective offices, because their names had been, after they were respectively elected, struck from the lists of registered voters of said county.

The proceedings were upon rules, all of which are the same, except as to the name of the parties, and the offices held by them respectively.

Here is the one against McPherson as a sample of the whole:

"The State of West Virginia to the sheriff of Greenbrier county, greeting:

"We command you that you summon Joel McPherson, clerk of the circuit court of Greenbrier county, if he be found in your bailiwick, to appear before the judge of the circuit court for Greenbrier county, at the court-house of said county, on to-morrow morning, 10 o'clock, to show cause, if any he can, why his office as clerk should not be declared to be vacated, and he prohibited from any further exercise thereof, because since his election to said office he has been struck off by the board of registration of Greenbrier county from the list of registered voters of said county; and have then there this writ.

" Witness, Joel McPherson, clerk of the said court, at the court-house of said county, the 27th day of January, 1869, and in the 6th year of the State.

"Joel McPherson."

The parties respectively...