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STATE v. CAREY

112 A.2d 26 (1955)

The STATE of Delaware, ex rel. James W. SMITH v. James B. CAREY, resident Associate Judge in Sussex County, and Daniel L. Herrmann, Associate Judge, who constitute the Superior Court of Sussex County and the Board of Canvass thereof under Section 6 of Article V of the Constitution of the State of Delaware, and Raymond M. Lank, Intervener.

Supreme Court of Delaware.

March 15, 1955.

Attorney(s) appearing for the Case

Houston Wilson, Georgetown, for relator.

Daniel J. Layton, Jr., and W. Howard Thompson, Georgetown, for intervener.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

James W. Smith, the relator, seeks a writ of mandamus to the Superior Court of Sussex County, sitting as the Board of Canvass, directing it to reconvene and recanvass the vote and issue to him a certificate of election.

The essential question is whether in the circumstances presented this Court should in the exercise of a sound discretion entertain the petition. The facts are these:

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