State Ex Rel. E. J. Qualls v. The Bd. Of Educ. Of Curry Dist.

Decision Date16 January 1923
PartiesState ex rel. E. J. Qualls and L. L. Burdette v. The Board of Education of Curry District, PutnamCounty, C. S. Hollandsworth, President, Ben Kiffand W. S. Neal, Commissioners, W. T. Stuckey, Secretary, and W. W. Smith, County Superintendent ofSchools of Said County.
CourtWest Virginia Supreme Court

Schools and School Districts Where he has Failed to Qualify, One Elected or Appointed as Commissioner to Fill Vacancy Cannot Maintain Mandamus to be Inducted Into Office as Against Another Appointed.

One elected or appointed to the office of school commissioner to fill a vacancy can not maintain mandamus to be inducted into the office as against another appointed to the office by the county superintendent of schools, where he has failed to qualify by filing his oath of office with the secretary of the board of education within ten days after notification of his appointment or the declaration of his election by the constituted authorities.

(MoGinnis, Judge, absent).

Mandamus by the State, on the relation of E. J. Qualls and another, against the Board of Education of Curry District, Putnam County, and others, to compel defendants to qualify and accept petitioners as Commissioners of such Board of Education and induct them into office.

Writ refused.

Darnall & Lovins, for relators. C. E. Copen, for respondents.

648 State v. Board of Education. [Jan. 1923

Miller, President:

The alternative writ of mandamus requires the defendants, the board of education, the president, and the said Kiff and Neal as de facto commissioners to forthwith convene as such board of education, and to qualify and accept petitioners as commissioners of said board of education and to induct them into their offices as such, and to turn over to them and the defendant Hollandsworth, president, all property, books, records and other things belonging to said board of education, and requires the said Stuckey, secretary, to turn over to said board or its lawfully appointed agent all books, records, contracts, property and other things belonging to said board, and the said Smith, superintendent, to set aside and vacate the pretended appointment of said Kiff and Neal, members of said board, etc.

The relators predicate their right to the relief sought upon the theory that they were respectively nominated, and, at the November election 1922, duly elected to the office of commissioner of said board of education to fill vacancies, one relator to fill out the unexpired term of John West, resigned, ending June 30, 1923, and the other to fill the unexpired term of John Ford, who failed to qualify, ending June 30, 1925, and which vacancies had been filled by the county superintendent at the time of their occurrence by the appointment of said Kiff and Neal to serve until the next...

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12 cases
  • State Ex Rel. William W. Downey v. Sims
    • United States
    • West Virginia Supreme Court
    • May 18, 1943
  • State Ex Rel. Downey v. Sims
    • United States
    • West Virginia Supreme Court
    • May 18, 1943
  • State ex rel. Downey v. Sims
    • United States
    • West Virginia Supreme Court
    • May 18, 1943
    ... ... City of Spencer, 93 W.Va. 516, 117 S.E ... 226; State ex rel. Qualls et al. v. Board of ... Education, 92 W.Va. 647, 115 S.E. 726; State ex ... ...
  • Calley v. Blake
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    • West Virginia Supreme Court
    • March 24, 1944
    ... ... Potter, ... W.Va., 25 S.E.2d 911; State v. Board of Education, ... W.Va., 27 S.E.2d 599 ... Union, 45 W.Va. 194, 32 S.E. 163; State ex rel. v ... Dowell, 82 W.Va. 240, 95 S.E. 861, ... ...
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