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WILKINS v. DAVIS

139 S.E.2d 849 (1965)

205 Va. 803

Jack R. WILKINS, who sues, etc. v. Levin Nock DAVIS, Secretary, etc., et al.

Supreme Court of Appeals of Virginia.

January 18, 1965.

Attorney(s) appearing for the Case

Henry E. Howell, Jr., H. Lee Kanter, Norfolk (Howell, Anninos & Daugherty, Kanter, Kanter & Sachs, Norfolk, on brief), for petitioner.

David J. Mays, Richmond, R. D. McIlwaine, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Henry T. Wickham, Tucker, Mays, Moore & Reed, Richmond, on brief), for respondents.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.

BUCHANAN, Justice.

A petition for a writ of mandamus was filed in this court, Va.Const. § 88, on April 10, 1964, against the secretary and members of the State Board of Elections by the petitioner, Jack R. Wilkins, who alleged that he is a citizen of the Commonwealth, a duly qualified voter and taxpayer, and sues on behalf of himself and all other citizens of the Commonwealth similarly situated. He alleged that § 24-3 of the Code of Virginia, 1950, which...

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