Spilter v. Guy
Supreme Court of Virginia
Spilter v. Guy, 107 Va. 811 (Va. 1907)
58 S.E. 769; 1907 Va. LEXIS 83
Spilter v. Guy
Opinion of the Court
This day came again the parties by counsel, and the court, having maturely considered the transcript of the record of the petition aforesaid and arguments of counsel, is of opinion that the petitioners have an adequate remedy by virtue of sections-86 and 83a of the Code of Virginia of 1904, and upon the authority of Eubank v. Boughton, 98 Va. 499, 36 S. E. 529, the prayer of the petitioners for a writ of mandamus js denied; and it is ordered that the respondents recover of the petitioners their-costs in their behalf expended.
Mandamus refused.
Reference
- Full Case Name
- Spilter & Fauver v. Guy, Registrar and Same v. Hutcheson and Others
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Elections—Illegal Registrations—Purging List—Mandtmnus.—Whether a person offering to register is a qualified, voter or not is to be determined in the first instance by the registrar, from whose decision an appeal is given to any person denied registration (Code See. 83a) and whose list may be purged of those improperly allowed to register upon the application of five qualified voters proceeding in the manner pointed out by see. 86 of the Code. In view of the nature of the duties devolved upon the registrar and of the remedies afforded by sections 86 and 83a of the Code, Mandamus will not lie against a registrar to compel him to purge his list of names alleged to have been improperly registered by him.