State ex rel. Harwood v. Tynes, No. 10469

CourtSupreme Court of West Virginia
Writing for the CourtHAYMOND; FOX
Citation137 W.Va. 52,70 S.E.2d 24
PartiesSTATE ex rel. HARWOOD, v. TYNES et al.
Decision Date08 April 1952
Docket NumberNo. 10469

Page 24

70 S.E.2d 24
137 W.Va. 52
STATE ex rel. HARWOOD,
v.
TYNES et al.
No. 10469.
Supreme Court of Appeals of West Virginia.
Submitted March 8, 1952.
Decided March 11, 1952.
Opinion Filed April 8, 1952.

Syllabus by the Court.

'When a candidate for nomination in a primary election files a certificate with the clerk of the circuit court, from which it appears that he is eligible to hold the office for which he is a candidate, the board of ballot commissioners have no authority to institute an inquiry for the purpose of determining the question of his legal qualifications to hold such office. The duty of said board is to place his name upon the ballot and allow the question of his eligibility to be determined by a competent tribunal, should he be elected thereto.' Syllabus, State ex rel. McKnight v. Board of Ballot Commissioners of Wetzel County, 86 W.Va. 496 [103 S.E. 399].

[137 W.Va. 53] Thomas W. Harvey, Jr., Huntington, for relator.

Buford C. Tynes, Tom T. Baker, Huntington, for respondents.

HAYMOND, Judge.

In this original proceeding, instituted in this Court on February 22, 1952, the petitioner, Jane Marie Harwood, seeks a writ of mandamus to compel the defendants, Buford C. Tynes, John Hallanan, and M. C. Blake, composing the Board of Ballot Commissioners of Cabell County, West Virginia, to place her name upon the official ballot of the Democratic Party to be used in the primary election to be held on the 13th day of May, 1952, as a candidate for member of the Cabell County Democratic Executive Committee from the Seventh Ward of the City of Huntington.

Upon the filing of the petition, this Court awarded a rule returnable February 27, 1952, and on February 26, 1952, the defendants filed their written demurrer to the petition. The Court having been advised that an issue of fact would be presented continued the hearing of this proceeding from February 27, 1952, until March 8, 1952, to enable the respective parties to offer evidence in the form of depositions. On February 27, 1952, the return day of the rule, the petitioner filed an amended petition and the defendants filed a joint and separate answer to the petition; and on March 3, 1952, the petitioner filed a written demurrer and a special replication to the answer of the defendants. On March 8, 1952, depositions in behalf of the respective parties were filed and at that time this proceeding was submitted for decision upon the foregoing pleadings, the depositions, and the written briefs and the oral arguments

Page 25

of counsel respectively representing the petitioner and the defendants. By order entered March 11, 1952, this Court awarded a writ of mandamus requiring the defendants to place the name of the petitioner upon the official ballot of the Democratic Party as a candidate for the office which she seeks, and this opinion has been since prepared and is now filed for the purpose of setting forth the reasons for issuing the writ.

[137 W.Va. 54] The petition and the amended petition allege that the petitioner is a citizen and a resident of the City of Huntington, Cabell County, West Virginia; that she resides at 2015 Wiltshire Boulevard in the Seventh Ward of that city; that she is a qualified voter in Cabell County, West Virginia, and a member of the Democratic Party; that on January 24, 1952, she paid the fee required by law and filed with the clerk of the Circuit Court of Cabell County a certificate of candidacy, signed by her by the name of Mrs. Ivan Harwood and duly acknowledged, which is in these terms: 'I, Mrs. Ivan Harwood, hereby certify that I am a candidate for the nomination for the office of Committee-Woman, Democratic Executive Committee, Seventh Ward, to represent the Democratic party, and desire my name printed on the official ballot of said party to be voted at the primary election to be held on the 13th day of May, 1952; that I am a legally qualified voter of the county of Cabell, State of West Virginia; that my residence is number 2015 of Wiltshire Boulevard street/road, in the city (or town) of Huntington, in Cabell County in said State; that I am eligible to hold the said office; that I am a member of and affiliated with said political party; that I am a candidate for said office in good faith.' The certificate, in the foregoing form, was signed by the petitioner by the name of Mrs. Ivan Harwood and was duly acknowledged by her before a notary of Cabell County.

The petitioner charges that the defendants, as the Board of Ballot Commissioners of Cabell County, West Virginia, refuse and deny her demand that her name be printed upon the official ballot of the Democratic Party to be used in the primary election to be held on May 13, 1952. She prays that the defendants be required to place her name on such official primary ballot and that she be granted general relief.

By their answer the defendants admit that the...

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7 practice notes
  • State ex rel. Cline v. Hatfield, No. 12069
    • United States
    • Supreme Court of West Virginia
    • September 20, 1960
    ...State ex rel. McKnight v. Board of Ballot Commissioners of Wetzel County, 86 W.Va. 496, 103 S.E. 399; State ex rel. Harwood v. Tynes, 137 W.Va. 52, 70 S.E.2d 24; State ex rel. Schenerlein v. City of Wheeling, W.Va., 108 S.E.2d In the case of State ex rel. Duke v. O'Brien, supra, the petitio......
  • State ex rel. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • October 18, 1960
    ...legal qualifications to hold such office.' The same result was reached in State [145 W.Va. 503] ex rel. Harwood v. Tynes, et al., etc., 137 W.Va. 52, 70 S.E.2d In State ex rel. Schenerlein v. City of Wheeling, W.Va., 108 S.E.2d 788, 789, the city clerk in his capacity as ballot commissioner......
  • State ex rel. Summerfield v. Maxwell, No. 12328
    • United States
    • Supreme Court of West Virginia
    • April 17, 1964
    ...holding and statements in State ex rel. Schenerlein v. City of Wheeling, 144 W.Va. 434 [108 S.E.2d 788]; State ex rel. Harwood v. Tynes, 137 W.Va. 52 [70 S.E.2d 24]; State ex rel. McKnight v. Clark, 86 W.Va. 496 [103 S.E. 399]; Martin v. White, 74 Page 743 W.Va. 628 [82 S.E. 505]; and, any ......
  • State ex rel. Schenerlein v. City of Wheeling, No. 11062
    • United States
    • Supreme Court of West Virginia
    • May 12, 1959
    ...the election.' Another case decided by this Court dealing with this matter is State ex rel. Harwood v. Board of Ballot Commissioners, 137 W.Va. 52, 70 S.E.2d 24. The Court, in this case, not only approved the McKnight case, but in deciding the case used the syllabus of the same, in which th......
  • Request a trial to view additional results
7 cases
  • State ex rel. Cline v. Hatfield, No. 12069
    • United States
    • Supreme Court of West Virginia
    • September 20, 1960
    ...State ex rel. McKnight v. Board of Ballot Commissioners of Wetzel County, 86 W.Va. 496, 103 S.E. 399; State ex rel. Harwood v. Tynes, 137 W.Va. 52, 70 S.E.2d 24; State ex rel. Schenerlein v. City of Wheeling, W.Va., 108 S.E.2d In the case of State ex rel. Duke v. O'Brien, supra, the petitio......
  • State ex rel. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • October 18, 1960
    ...legal qualifications to hold such office.' The same result was reached in State [145 W.Va. 503] ex rel. Harwood v. Tynes, et al., etc., 137 W.Va. 52, 70 S.E.2d In State ex rel. Schenerlein v. City of Wheeling, W.Va., 108 S.E.2d 788, 789, the city clerk in his capacity as ballot commissioner......
  • State ex rel. Summerfield v. Maxwell, No. 12328
    • United States
    • Supreme Court of West Virginia
    • April 17, 1964
    ...holding and statements in State ex rel. Schenerlein v. City of Wheeling, 144 W.Va. 434 [108 S.E.2d 788]; State ex rel. Harwood v. Tynes, 137 W.Va. 52 [70 S.E.2d 24]; State ex rel. McKnight v. Clark, 86 W.Va. 496 [103 S.E. 399]; Martin v. White, 74 Page 743 W.Va. 628 [82 S.E. 505]; and, any ......
  • State ex rel. Schenerlein v. City of Wheeling, No. 11062
    • United States
    • Supreme Court of West Virginia
    • May 12, 1959
    ...the election.' Another case decided by this Court dealing with this matter is State ex rel. Harwood v. Board of Ballot Commissioners, 137 W.Va. 52, 70 S.E.2d 24. The Court, in this case, not only approved the McKnight case, but in deciding the case used the syllabus of the same, in which th......
  • Request a trial to view additional results

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