State Ex Rel. Scott v. Taylor

Berry, President,

dissenting:

I respectfully dissent from the majority opinion in the prohibition proceeding, Case Number 12728, because I do not believe that a circuit court which is a constitutional court of general jurisdiction should be prohibited from trying a case set on its docket for trial based on the question involved in this proceeding. The plaintiff brought an action against a state agency, the Adjutant General of West Virginia and employees of the State having custody of the Armory Building at Oak Hill, West Virginia. The ad damnum clause in the complaint was for $100,000. The…