Board of Education of Sherman District v. Hopkins
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of the county of Boone rendered on the 21st day of April, 1880, in a case in said court then pending, wherein the Board of Education of Sherman District was plaintiff, and Mandeville J. Hopkins was defendant, allowed upon the petition of said board. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of.
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Writ of error to a judgment of the circuit court of the county of Boone rendered on the 21st day of April, 1880, in a case in said court then pending, wherein the Board of Education of Sherman District was plaintiff, and Mandeville J. Hopkins was defendant, allowed upon the petition of said board. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of. Green, Judge, furnishes the following statement of the case: On April 2, 1874, the circuit court of Boone county appointed Wm. Thompson a commissioner to settle with the sheriff of Boone county and other…
1Judgment of the CourtGeeen, Judge
The two principal questions presented by the record in this case are, first: Did the circuit court have jurisdiction to review by certiorari the judgment of the county court? and secondly : Has this Court a right to review the decision of the circuit court by writ of error ? At common law the mode of correcting the error of an inferior court in its final judgment was by a writ of error issued by the appellate court as a matter of course, it being a writ of right; and it is only by reason of statute-law, that it ceases to be a writ of right. Where the legislature erected anew court of record,…
2Cases cited5 opinions
- Shrewsbury v. MillerWest Virginia Supreme Court · 1877
- Dryden v. SwinburnWest Virginia Supreme Court · 1879
- Cunningham v. SquiresWest Virginia Supreme Court · 1868
- Meeks v. WindonWest Virginia Supreme Court · 1877
- Burke v. Supervisors of Monroe CountyWest Virginia Supreme Court · 1870
3Cited by10 opinions
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- Morgan v. Ohio River R.West Virginia Supreme Court · 1894
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- In re Arbitration between Carroll Hardwood Lumber Co. & Kentucky River Hardwood Co.West Virginia Supreme Court · 1923
- Cushwa v. LamarWest Virginia Supreme Court · 1898
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