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DAUGHERTY v. DAY

No. 12049.

116 S.E.2d 131 (1960)

Russell L. DAUGHERTY, As The Duly Elected, Qualified and Acting Prosecuting Attorney of Cabell County v. Harry D. DAY, As A Justice Of The Peace For Gideon District, Cabell County.

Supreme Court of Appeals of West Virginia.

Opinion Filed September 20, 1960.

Attorney(s) appearing for the Case

John W. Daniel, Huntington, for plaintiff in error.

Russell L. Daugherty, Raymond I. Lucas, Huntington, for defendant in error.

GIVEN, Judge.

This appeal was granted from an order entered by the Circuit Court of Cabell County, removing from office the respondent Harry D. Day, justice of the peace of Gideon District, Cabell County, to which office he had been elected and qualified. The proceeding was prosecuted by Russell L. Daugherty, prosecuting attorney of Cabell County, pursuant to provisions of Code, 6-6-7. The appeal was heard on the original record, the petitions for the appeal, and...

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