Pierce v. Carskadon

delivered the opinion of the court.

This case is covered in every particular by the decisions of this court in Cummings v. The State of Missouri, and in Ex parte Garland, reported in 4th Wallace. Upon the authority of those decisions the judgment of the Supreme Court'of West Virginia must be reversed, and the cause remanded for further proceedings; and it is

So ORDERED.

dissented from the judgment, on the *240ground that the test oath in question was one which it was competent for the State to exact as a war measure in time of civil war.