State Ex Rel. Mcknight v. Clark, (No. 4094.)

CourtSupreme Court of West Virginia
Writing for the CourtRITZ
Citation103 S.E. 399
PartiesSTATE ex rel. McKNIGHT. v. CLARK et al., Board of Ballot Com'rs of Wetzel County.
Decision Date14 May 1920
Docket Number(No. 4094.)

103 S.E. 399

STATE ex rel. McKNIGHT.
v.
CLARK et al., Board of Ballot Com'rs of Wetzel County.

(No. 4094.)

Supreme Court of Appeals of West Virginia.

May 14, 1920.


(Syllabus by the Court.)

Original mandamus by the State, on relation of W. E. McKnight, against Frank Wells Clark and others, as the Board of Ballot Commissioners of Wetzel County.' Writ awarded.

Thayer M. Mclntire, of New Martinsville, and Jno. T. Simms, of Charleston, for relator.

S. B. Avis, of Charleston, for respondents.

RITZ, J. The relator seeks by writ of mandamus to compel the board of ballot commissioners of Wetzel county to place his name upon the official primary election ballot as a candidate for member of the county executive committee from Magnolia district in said county. Defense is made to the writ upon the grounds: First, that the declaration of relator's candidacy does not sufficiently designate the office for which he is a candidate, in that it omits to state what district he desires to represent, the certificate simply showing that he is a candidate for member of the county executive committee; and, second, that he is not eligible to said office, having removed from the county of Wetzel.

In regard to the first ground It may be said that the certificate filed shows that the relator resides in New Martinsville, which is the county seat of Wetzel county. Under the law he could not be a candidate from any other district than the district in which New Martinsville is situate, and we will not presume that the board of ballot commissioners are not informed as to the magisterial district in which the county seat of the county is located. However, should the ballot commissioners be in doubt as to this matter, under the decision of this court in the cases of State ex rel. Carter v. Ballot Commissioners and State ex rel. Atkinson v. Ballot Commissioners, 103 S. E. 398, decided at this term, and not yet officially reported, it is their duty to solve that doubt by permitting an amendment of the certificate.

In regard to the second ground, it is shown that the relator for many years resided in New Martinsville in Wetzel county; that in the year 1918 he was employed by the State Tax Commissioner, the duties of said employment requiring his presence at the capitol of the state; that in the year 1919 he removed his family from Wetzell county to the city of Huntington, where his children are attending school; that he has always claimed his citizenship in the county of Wetzel; that he...

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11 practice notes
  • State ex rel. Cline v. Hatfield, No. 12069
    • United States
    • Supreme Court of West Virginia
    • September 20, 1960
    ...be used only in the latter manner in such cases. 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. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • October 18, 1960
    ...research fails to disclose that this case has been overruled in any respect. In the case of State ex rel. McKnight v. Board, 86 W.Va. 496, 103 S.E. 399, the Court held in the single point of the syllabus that when a candidate for a nomination in a primary election files a certificate with t......
  • Adams v. Londeree, No. 10670
    • United States
    • Supreme Court of West Virginia
    • July 27, 1954
    ...v. Tynes, W.Va., 70 Page 131 S.E.2d 24, and in State ex rel. McKnight v. Board of Ballot Commissioners of Wetzel County, 86 W.Va. 496, 103 S.E. 399, we did hold that: 'When a candidate for a nomination in a primary election files a certificate with the clerk of the circuit court, from which......
  • State ex rel. Summerfield v. Maxwell, No. 12328
    • United States
    • Supreme Court of West Virginia
    • April 17, 1964
    ...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 statements similar thereto in the cases cited therein, are inconsistent or in......
  • Request a trial to view additional results
11 cases
  • State ex rel. Cline v. Hatfield, No. 12069
    • United States
    • Supreme Court of West Virginia
    • September 20, 1960
    ...be used only in the latter manner in such cases. 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. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • October 18, 1960
    ...research fails to disclose that this case has been overruled in any respect. In the case of State ex rel. McKnight v. Board, 86 W.Va. 496, 103 S.E. 399, the Court held in the single point of the syllabus that when a candidate for a nomination in a primary election files a certificate with t......
  • Adams v. Londeree, No. 10670
    • United States
    • Supreme Court of West Virginia
    • July 27, 1954
    ...v. Tynes, W.Va., 70 Page 131 S.E.2d 24, and in State ex rel. McKnight v. Board of Ballot Commissioners of Wetzel County, 86 W.Va. 496, 103 S.E. 399, we did hold that: 'When a candidate for a nomination in a primary election files a certificate with the clerk of the circuit court, from which......
  • State ex rel. Summerfield v. Maxwell, No. 12328
    • United States
    • Supreme Court of West Virginia
    • April 17, 1964
    ...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 statements similar thereto in the cases cited therein, are inconsistent or in......
  • Request a trial to view additional results

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