Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-10-27
Circuit Court.

j lie ClICEit SOOIt VI Uio S'uu'y oSoih
convened on Monday last, having been
adjourned from the Friday previous, his
Honor. Judge Hall, presiding, Some
business Of an unimporiant character was
disposed of during the irregular sessions
of the day. On Tuesday morning the
demurrer to the petition of John w.
Kennedy's for writ OF msndamus against
the Board of Registration Of this county,
was taken up and discussed by the Plain.
tiff in his own behalf, and by Messrs.
Faulkner and Stanton for the Board.
The following Is the demurrer:
McKevii,. Underdonk and Curry,
VS..
John w. Kennedy.
And the said defendants, by their Al.
torneys. came and defend, &c.. when.
&c., and say. that the said petition and
The matters therein contained in manner
and form as the same are above stated
and set forth are not sufficient in law for
the said John w. Kennedy 10 have or
maintain his aforesaid writ OF mandamus
against them The said defendants, and tina.
they the said defendants are no, bound by
The law of the land to answer the same,
and this they are ready TO verify. and the
said defendants state and show 10 the
Court here the following causes of de-
murrer to the said petition.
Isl, That it is moi alledged nor does il
appear from said petition tina, the aaid
John ". Kennedy is a citizen of the
State of West Virginia or otherwise quail.
fed by The constitution of said State. TO
vote al the elections held in the county OF
of Jefferson.
2nd, |, is not alledged nor does il ap.
pear from said petition that the name OF
the said John W. Kennedy. if he be en-.
titled TO vote, has ever been stricken from
,he lis, OF voters of said county, or 'hs,
he has even heen in any manner sggrleved
or deprived OF any legal OF constitutional
right by The said Board Of Registration.
3rd, |, is alledged and does appear
fom said peti,ioE that there is no Board
of Registration in the county OF JeHerson
against " HON writ If mandsr us can be
awarded or which could have authority to
restore him 10 the int Of voters, II /, ap.
peared that he was eu,llled 20 RICH. OF
suffrage and being 80 entitled to vote that
lie had been del rived Of such right.
Wherefore, for wan, Of a sufficient pc
lilion in this behalf the said defendants
pray judgement, and that The said John
w. Kennedy may be barred from having
or maintaining his aforesaid writ Of man
damus against them, and that the said Pc
,ilion be dismissed with costs.
After lengthy and able discussion. the
above demurrer was sustained by the
Court, and the following order entered,
from which il will be seen that the Court
refuses the writ OF mandamus prayed for
BY the plaintiff John W. Kennedy, in his
petition
John w. Kennedy, plaintiff,
vs..
McKevlu, UDderdonk and Curry, defn,s
Upon petition for wri, of Mandamus.
This day came the parties by their attor-
MES and lhereupon the defendants de-
murrer 10 The plaintiffs petition being ar.
gucd. il seems to The Court that the said
petition is not sufficienSin law for the
plaintiff TO have and maintain his wri. oil
Msndsmus agains, the defendants. There
fore it is considered by The Court that the
demurrer filed by the defendants 10 sad
petition be sustained. iha. the defendants
90 thereof without delay and recover a.
gains. The planuff their costs by them for
their defence in their behalf expended.
Cour. adjourned on Tuesday noon on
account of the illness Of The Judge.
Court again convened yesterday morn
ing.