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Ice v. Board of Canvassers

Ice v. Bd. of Canvassers, 63 S.E. 331 (W. Va. 1908)
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Court
West Virginia Supreme Court · State Highest Courts
Decided
December 19, 1908
Judges
Poefenbarger
Citations
63 S.E. 33164 W. Va. 5441908 W. Va. LEXIS 78
Disposition
Reversed.
Headnotes
Mandamus — When Granted — Enforcement of Abstract Might. Mere personal satisfaction to a candidate of knowing he received a certain number of votes, or that a certain ballot is countable for him, is, in law, a mere abstract right, for the vindication of which mandamus does not lie. (p. 544.)
Summary
Error to Circuit Court, Marion County. Action by William B. Ice against the Board of Canvassers of Marion county. Judgment for defendant and plaintiff brings error.

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

Opinion of the Court — Poefenbarger

Text extracted by OCR from a scanned original; check the original for exact wording.

POEFENBARGER, PRESIDENT:

In the circuit court of Marion county, Wm. B. Ice, Jr. a candidate for member of the House of Delegates, obtained, from the circuit court of said county a peremptory writ of mandamus, compelling the board of canvassers of said county to count a certain ballot for him, which had been rejected. The board obtained a writ of error to the judgment. The petition did not show that the candidate’s election would be effected by the counting of the ballot for him. It said only that it would likely affect the result and again that it would change the result. A demurrer to the petition on the ground of prematureness in the application was overruled. The personal satisfaction to a candidate of knowing he received a certain number of votes or that a certain ballot was counted for him is not a substantial right. It is mere abstract right. For the vindication of such a right mcmdamus does not lie. 26 Cyc. 217; Merrill on Mand., section 49; Hall v. Staun ton, 55 W. Va. 684, 686 . The petition is insufficient to call for the decision of the question it seeks to raise.

*545 For the error of the court below in overruling the demurrer the judgment is reversed, the demurrer sustained and the writ refused, all of which will be certified to the circuit court of Marion county.

Reversed.

How later courts describe this case

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

1927: 11929: 11933: 11935: 11937: 11942: 119272026peak 1927 · 1

Relies on it most ⓘ

  1. State ex rel. Revercomb v. Sizemore22 S.E.2d 296 (W. Va. 1942)
  2. Taylor v. Board of Canvassers193 S.E. 575 (W. Va. 1937)
  3. Hatfield v. County Court of Logan County167 S.E. 618 (W. Va. 1933)
  4. Lucas v. Board of Canvassers181 S.E. 77 (W. Va. 1935)
  5. Johnson v. Board of Canvassers136 S.E. 772 (W. Va. 1927)
  6. Cantrell v. Board of Education148 S.E. 320 (W. Va. 1929)

Most recent

  1. State ex rel. Revercomb v. Sizemore22 S.E.2d 296 (W. Va. 1942)
  2. Taylor v. Board of Canvassers193 S.E. 575 (W. Va. 1937)
  3. Lucas v. Board of Canvassers181 S.E. 77 (W. Va. 1935)
  4. Hatfield v. County Court of Logan County167 S.E. 618 (W. Va. 1933)
  5. Cantrell v. Board of Education148 S.E. 320 (W. Va. 1929)
  6. Johnson v. Board of Canvassers136 S.E. 772 (W. Va. 1927)

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 1

DepthCaseCited by
Hall v. Staunton, 47 S.E. 265 (W. Va. 1904) 31

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