78 W. Va. 85 | W. Va. | 1916
O. J. Deegan, a citizen and voter of Logan County, has applied to this court for a writ of mandamus to compel the county court of said county to divide-the following precincts, viz.: Precincts Nos. 1, 4, 5, 6 and 12, all in Logan district ; and precincts Nos. 2 and 3, both in Tridelphia district, all in the said county of Logan, on the ground that each of said precincts contains more than 250 legal voters.
In its return to the alternative writ, respondent avers that the matter of dividing precincts Nos. 4, 6 and 12, in Logan
It is averred in the alternative writ, and not denied in the county court’s return thereto, that the returns of the last general election showed, in each of the following precincts, that more than 250, votes were cast, viz.: precincts Nos. 4, 6 and 12 in Logan district, and precinct No. 2 in Tridelphia district. Hence, respecting the division of those districts, the county court has been in default ever since its first regular term, next after the last general election. The returns of that election showing that more than 250 votes had been cast in each of the aforesaid precincts, it was the imperative duty of the county court to divide them and establish voting places therein, at its first regular term next after such election. Such is the express mandate of the statute. Sec. 5, ch. 3, Code 1913.
Although it did not appear from the returns of the last general election, that precincts Nos. 1 and 5, in Logan district,
As to precincts Nos. 4, 6 and 12, in Logan district, and precinct No. 2, in Tridelphia district, the writ will be awarded; and as to precincts Nos. 1 and 5, 'in Logan district, and No. 3,’' in Tridelphia district, it will be refused.
Writ awarded as to part. Refused as to part.