Brown v. Board of Election Canvassers

Brown v. Board of Election Canvassers of Randolph County

Brown v. Bd. of Election Canvassers, 32 S.E. 168 (W. Va. 1899)

Court: West Virginia Supreme Court · State Highest Courts
Decided: February 4, 1899
Judges: Brannon
Citations: 32 S.E. 16845 W. Va. 8261899 W. Va. LEXIS 112
Disposition: Writ Granted.

Cited by 7

Headnotes

Prohibition —Board of Canvassers — County Seat Election. When a board of election canvassers assume jurisdiction, which it has not, to canvass and declare the result of a vote upon the relocation of a county seat, prohibition will lie to restrain it, though, in its proper action, its functions are ministerial, and not subject to prohibition, (p. 827.)

Summary

Application of T. P. R. Brown for a writ of prohibition against the board of election canvassers of Randolph County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Brannon

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Brannon, Judge:

T. P. R. Brown obtained from this Court a rule against certain persons,, who constitute the board of election canvassers of Randolph County, to show cause why a writ of prohibition should not be awarded him to prohibit that board from exercising jurisdiction to canvass the returns and declare the result of a vote upon the question of the relocation of the county seat. We think that the board, though a mere ministerial body, is yet one organized and performing public functions under lav/, and such a tribunal as may be kept within the legal bounds of its jurisdiction by *827 prohibition. This seems to be conceded. Fleming v. Commissioners, 31 W. Va. 608 , ( 8 S. E. 267 ); Alderson v. Commissioners, 31 W. Va. 637 , ( 8 S. E. 214); Brazie v. Com missioners, 25 W. Va. 213 . We award the prohibition for the reason that the canvassers have no jurisdiction to act in the matter of this vote. It belongs to the county court. Reasons for this conclusion are given in Brown v. County Court, 45 W. Va. 727 ( 32 S. E. 165 ), this day decided.

Writ Granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

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State Highest Courts7

Relies on it most ⓘ

State ex rel. City of Huntington v. Lombardo143 S.E.2d 535 (W. Va. 1965)
State ex rel. Staley v. County Court of Wayne County73 S.E.2d 827 (W. Va. 1952)
Dunlevy v. County Court of Marshall Co.35 S.E. 956 (W. Va. 1900)
Hebb v. County Court of Tucker County37 S.E. 676 (W. Va. 1900)
State v. Wayne County Court73 S.E.2d 827 (W. Va. 1953)
State v. Lombardo143 S.E.2d 535 (W. Va. 1965)

Most recent

State v. Lombardo143 S.E.2d 535 (W. Va. 1965)
State ex rel. City of Huntington v. Lombardo143 S.E.2d 535 (W. Va. 1965)
State v. Wayne County Court73 S.E.2d 827 (W. Va. 1953)
State ex rel. Staley v. County Court of Wayne County73 S.E.2d 827 (W. Va. 1952)
Morgan v. County Court44 S.E. 182 (W. Va. 1903)
Hebb v. County Court of Tucker County37 S.E. 676 (W. Va. 1900)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Fleming v. Comm'rs, 8 S.E. 267 (W. Va. 1888)	29
	Brazie v. Fayette Cnty. Comm'rs, 25 W. Va. 213 (1884)	56
	Brown v. Randolph Cnty. Court, 32 S.E. 165 (W. Va. 1899)	20
	Alderson v. Comm'rs, 8 S.E. 274 (W. Va. 1888)	9
	Hyre v. Lambert, 31 S.E. 927 (W. Va. 1898)	7

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