Clerk of the McDowell Co. Comm. v. Bailey
Annotate this CaseThe Clerk of the McDowell County Commission appealed an order of the Circuit Court of McDowell County pertaining to mandamus proceedings. The Commission was directed to reimburse the attorney fees of A. Ray Bailey who was the prevailing party in an election contest. The Commission argued on appeal to the Supreme Court that the trial court abused its discretion by ordering the Commission to pay Mr. Bailey's fees when the Commission was not a party to the election contest. Furthermore, The Commission argued that there was no statutory authority to support the award. Upon review of the arguments and law governing this matter, the Supreme Court reversed the lower court's order directing payment of attorney fees by the Commission.
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