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HERTZOG v. FOX

No. 10824.

93 S.E.2d 239 (1956)

141 W.Va. 849

Virgil R. HERTZOG v. H. M. FOX, Mayor of the Town of Worthington, et al.

Supreme Court of Appeals of West Virginia.

Decided June 19, 1956.

Attorney(s) appearing for the Case

A. Blake Billingslea, Harrison Conaway, Fairmont, for plaintiff in error.

Amos, Amos & Webb, Benjamin H. Webb, Fairmont, for defendants in error.

HAYMOND, Judge.

This is a proceeding in mandamus instituted in the Circuit Court of Marion County, in December 1955. The petitioner, Virgil R. Hertzog, seeks a writ to require the defendants, H. M. Fox, Mayor of the town of Worthington, West Virginia, C. L. Sturm, Recorder, J. M. Barr, L. D. Baker, Frank Mayo and Joe Martino, Councilmen, to permit him to occupy the office of councilman of the town of Worthington, to which...

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