188 S.E. 139 | W. Va. | 1936
D. E. Brawley and J. M. Slack each sought the nomination for sheriff of Kanawha County on the Democratic ticket in the recent primary election. On the face of the election returns and also on a recount of the ballots, Slack received the nomination. Brawley delivered a notice to Slack on July 22d 1936, stating Brawley's intention to contest Slack's nomination, and that the notice would be presented to the county court on August 1st, 1936. The notice further provided: "* * * and if said notice of contest cannot for any reason be legally received on said first day of August, 1936, and docketed for trial, then I shall present the same to the county court at its first regular term after the first day of August, 1936, and have the same docketed for trial." On August 1st, Brawley moved the court to docket the notice. The motion was considered until August 4th, when it was refused. In a written opinion made a part of the order of refusal, the court stated that the notice could not properly be docketed until the October term of the court. The reasons given for the refusal are that in compliance with law (Constitution, Article 8, Section 22; Code,
The refusal of the court to docket the notice on August first, is approved (see Commonwealth v. Sessions of Norfolk,
The writ will issue.
Writ awarded.