Varney v. County Court Of Mingo County
| Decision Date | 12 October 1926 |
| Docket Number | (No. 5840.) |
| Citation | 135 S.E. 179 |
| Court | West Virginia Supreme Court |
| Parties | VARNEY v. COUNTY COURT OF MINGO COUNTY et al. |
(Syllabus by the Court.)
Original proceeding by Riley Varney, as relator, for mandamus to be directed to the County Court of Mingo County and others. Writ awarded.
E. A. Hansbarger, of Williamson, for relator.
George W. Crawford, of Williamson, for respondents.
HATCHER, J. [2] In the primary election on August 3, 1926, Riley Varney, the petitioner, received a majority of 212 votes over his only opponent, S. J. Lovern, for the Democratic nomination for clerk of the county court of Mingo county. The county court, sitting as canvassing board, declared Varney not to be a legal nominee, and issued to Lovern a certificate of nomination. The county court, in answer to an alternative writ of mandamus, seeks to justify its action on the ground that Varney filed no expense account within the time prescribed by sections 8b (6), and 8b (8), a 5, Code.
This is not a sufficient reason for refusing to issue Varney a certificate of nomination. The duties of the county court as a canvassing board are detailed in sections OS, 69, 70, and 71, c. 3, Code. These duties are ministerial, not judicial. It is not within the province of a canvassing board to pass on the eligibility of a candidate. State v. Heatherly, 134 S. E. 594 (). Its duty is to carefully and impartially ascertain the true result of the election, and to issue certificates in accordance with that result. Brazie v. Commissioners, 25 W. Va. 213, 221.
The return does not state a legal defense to the alternative writ. The peremptory writ is awarded.
Writ awarded.
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State Ex Rel Keith 0. Bumgardner v. Mills, (No. 10148)
...S. E. 865; the eligibilty of a candidate, State ex rel. Phillips v. Heatherly, 102 W. Va. 116, 134 S. E. 594; Varney v. County Court of Mingo County, 102 W. Va. 325, 135 S. E. 179; the validity of the appointment, or the qualifications, of precinct election officers, State ex rel. Revercomb......
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State Ex Rel. Bumqardner v. Mills, 10148.
...90 S.E. 865; the eligibility of a candidate, State ex rel. Phillips v. Heatherly, 102 W.Va. 116, 134 S.E. 594; Varney v. County Court of Mingo County, 102 W.Va. 325, 135 S.E. 179; the validity of the appointment, or the qualifications, of precinct election officers, State ex rel. Revercomb ......
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