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DAUGHERTY v. ELLIS

No. 10835.

97 S.E.2d 33 (1956)

Russell L. DAUGHERTY, Prosecuting Attorney of Cabell County, West Virginia, v. Jim ELLIS, Commissioner of the County Court of Cabell County, a Corporation.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1956.

Dissenting Opinion March 12, 1957.

Attorney(s) appearing for the Case

J. J. N. Quinlan, W. E. Parsons, C. William Gates, Huntington, for plaintiff in error.

John G. Fox, Atty. Gen., Charles R. McElwee, Asst. Atty. Gen., Russell L. Daugherty, Raymond I. Lucas, Huntington, for defendant in error.

HAYMOND, Judge.

In this proceeding instituted in the Circuit Court of Cabell County and based on Section 7, Article 6, Chapter 6, Code, 1931, the petitioner, Russell L. Daugherty, Prosecuting Attorney of Cabell County, West Virginia, seeks the removal of the defendant, Jim Ellis, from the office of Commissioner of the County Court of that county on the grounds of incompetence, official misconduct, and malfeasance in office. To a final judgment removing the defendant...

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