State Ex Rel. Lamb v. Bd. Op Ballot Com'rs Op Wetzel County, (Nos. 3731-3735.)

CourtSupreme Court of West Virginia
Writing for the CourtWILLIAMS
Citation97 S.E. 284
PartiesSTATE ex rel. LAMB. v. BOARD OP BALLOT COM'RS OP WETZEL COUNTY.
Docket Number(Nos. 3731-3735.)
Decision Date22 October 1918

97 S.E. 284

STATE ex rel. LAMB.
v.
BOARD OP BALLOT COM'RS OP WETZEL COUNTY.

(Nos. 3731-3735.)

Supreme Court of Appeals of West Virginia.

Oct. 22, 1918.


[97 S.E. 284]
(Syllabus by the Court.)

Applications for mandamus by the State, on the relation of T. D. Lamb, of Joseph Newmeyer, of J. W. Santee, of Z. W. Ankrom, and of Baker Cosgray, against the Board of Ballot Commissioners of Wetzel County. Writ in each case denied.

Thos. P. Jacob, of New Martinsville, for relators.

WILLIAMS, J. The relators in these cases severally applied to tills court for writs of mandamus to compel Frank B. Smith, clerk of the circuit court of Wetzel county, William L. Newman, and Frank Wells Clark, composing the board of ballot commissioners of said county, to print their names on the official ballot to be voted at the ensuing election, as nominees of the republican party for the following offices: T. D. Lamb, for superintendent of free schools of said county, J. W. Santee and Joseph Newmeyer, for House of Delegates (Wetzel county being entitled to elect two); Baker Cosgray, for commissioner of the county court; and Z. W. Ankrom, for president of the board of education of Magnolia district, in said county. Alternative writs in each case were issued on the 3d of October, returnable October 9, 1918, and have been returned duly executed upon the respondents. No return or answer is made and no appearance to the writs.

To entitle them to the writ relators must show a clear, legal right to the same, it must appear that they are the regular nominees of the Republican party for the respective offices designated, and that they were nominated in the manner provided by the Primary Election Act, or that they have been selected in the manner provided by the act to fill vacancies which have occurred in the nominations since the primary election.

In the case of T. D. Lamb, the alternative writ alleges there were two candidates for the office of county superintendent of free schools on the Republican ticket, each of whom received the same number of votes in the primary election, as was shown by the certificate of the board of canvassers, that the Republican county executive committee broke the tie by drawing lots in the manner provided by law, and said Lamb was drawn as the candidate, and that this fact was certified to the board of ballot commissioners by the Republican county executive committee, and that a majority of the board of ballot commissioners refused and continues to refuse to place his name on the official ballot to be voted at the general election as the Republican candidate for said office

In the cases of J. W. Santee and Joseph Newmeyer, candidates for the House of Delegates, the alternative writs aver there were eight candidates voted for in the primary election for the House of Delegates on the Republican ticket, each receiving the same number of votes, as shown by the certificate of the board of canvassers; that the Republican county executive committed, in the manner required by law, broke the tie, and that Evan Williams was drawn as one of the candidates of the Republican...

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5 practice notes
  • State ex rel. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • October 18, 1960
    ...73 S.E. 328; State ex rel. Heironimus v. Town of Davis, 76 W.Va. 587, 85 S.E. 779; State ex rel. Lamb v. Board of Ballot Commissioners, 97 S.E. 284, decided at this 'But can the board of ballot commissioners be compelled to undo what according to the admitted facts they have undertaken to d......
  • United States v. Seymour, No. 1536.
    • United States
    • U.S. District Court — Panama Canal Zone
    • May 13, 1931
    ...nature may be found in the following decisions, where they have been cited and applied: State v. Board of Ballot Com'rs, 82 W. Va. 752, 97 S. E. 284; State v. Patterson, 67 Fla. 499, 65 So. 659; Hays v. Combs, 177 Ky. 355, 197 S. W. 788; State ex rel. Maxson v. Brodigan, 37 Nev. 488, 143 P.......
  • State ex rel. Van Schoyck v. Bd. of County Com'rs of Lincoln County, No. 4747.
    • United States
    • New Mexico Supreme Court of New Mexico
    • November 10, 1942
    ...Gorser v. Scott, County Auditor, 87 Minn. 313, 91 N.W. 1101; State ex rel. Lamb v. Board of Ballot Com'rs of Wetzel County, 82 W.Va. 752, 97 S.E. 284; [131 P.2d 286] State ex rel. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302; State ex rel. Hitchcock v. Till, 50 S.D. 346, 210 N.W. 157. It follow......
  • Anderson v. Cook, 6554
    • United States
    • Supreme Court of Utah
    • October 26, 1942
    ...Byrne, 60 N.D. 108, 233 N.W. 648; State v. Hall, 37 N.D. 259, 163 N.W. 1055; State ex rel. Lamb v. Board of Ballot Comm'rs, 82 W.Va. 752, 97 S.E. 284. We are fortified in this conclusion by the provisions of Section 45 of Chapter 29. It is there provided that any qualified person may have h......
  • Request a trial to view additional results
5 cases
  • State ex rel. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • October 18, 1960
    ...73 S.E. 328; State ex rel. Heironimus v. Town of Davis, 76 W.Va. 587, 85 S.E. 779; State ex rel. Lamb v. Board of Ballot Commissioners, 97 S.E. 284, decided at this 'But can the board of ballot commissioners be compelled to undo what according to the admitted facts they have undertaken to d......
  • United States v. Seymour, No. 1536.
    • United States
    • U.S. District Court — Panama Canal Zone
    • May 13, 1931
    ...nature may be found in the following decisions, where they have been cited and applied: State v. Board of Ballot Com'rs, 82 W. Va. 752, 97 S. E. 284; State v. Patterson, 67 Fla. 499, 65 So. 659; Hays v. Combs, 177 Ky. 355, 197 S. W. 788; State ex rel. Maxson v. Brodigan, 37 Nev. 488, 143 P.......
  • State ex rel. Van Schoyck v. Bd. of County Com'rs of Lincoln County, No. 4747.
    • United States
    • New Mexico Supreme Court of New Mexico
    • November 10, 1942
    ...Gorser v. Scott, County Auditor, 87 Minn. 313, 91 N.W. 1101; State ex rel. Lamb v. Board of Ballot Com'rs of Wetzel County, 82 W.Va. 752, 97 S.E. 284; [131 P.2d 286] State ex rel. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302; State ex rel. Hitchcock v. Till, 50 S.D. 346, 210 N.W. 157. It follow......
  • Anderson v. Cook, 6554
    • United States
    • Supreme Court of Utah
    • October 26, 1942
    ...Byrne, 60 N.D. 108, 233 N.W. 648; State v. Hall, 37 N.D. 259, 163 N.W. 1055; State ex rel. Lamb v. Board of Ballot Comm'rs, 82 W.Va. 752, 97 S.E. 284. We are fortified in this conclusion by the provisions of Section 45 of Chapter 29. It is there provided that any qualified person may have h......
  • Request a trial to view additional results

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