Robertson v. Warth

Haymond, President:

The petitioners, Frank W. Robertson and McDaniel Purcell, in this original proceeding, seek a writ of mandamus from this Court to require the defendant, the Honorable H. C. Warth, Judge of the Common Pleas Court of Cabell County, a court created by the Legislature, to reinstate and hear and determine a suit in equity which that court dismissed on the ground that it did not have jurisdiction of the case. The issues involved in the proceeding in this Court were heard and submitted upon the petition and upon the demurrer to the petition and the answer of the defendant. The…