West Virginia Supreme Court
State ex rel. &c. v. Carter
March 3, 190863 W. Va. 684
Summary
The Supreme Court of Appeals of West Virginia dismissed a writ of error prosecuted from a mandamus judgment compelling the mayor and council of Bluefield to appoint election commissioners for a May 1906 municipal election. Because the election had long since been held by the time the writ of error came on for decision, the court concluded the controversy presented only moot questions and abstract propositions incapable of affecting any existing right of the parties. Following its own precedent involving an analogous election-related mandamus, the court dismissed the writ of error without costs.