Cutlip v. Sheriff of Calhoun County
West Virginia Supreme Court
The county seat of Calhoun county was located at Ar-noldsburg in 1858. On the 27d of January, 1867,† the legislature passed an act removing the county seat to Stump’s farm in same county. An adt passed March 4th, 1869,* repealed the act of January 22d, 1867. After the passage of the act of March 4th, 1869, the petitioner, Rachel Cutlip, was indicted for murder in the circuit court of Calhoun county, which court was held at Arnoldsburg.
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The county seat of Calhoun county was located at Ar-noldsburg in 1858. On the 27d of January, 1867,† the legislature passed an act removing the county seat to Stump’s farm in same county. An adt passed March 4th, 1869,* repealed the act of January 22d, 1867. After the passage of the act of March 4th, 1869, the petitioner, Rachel Cutlip, was indicted for murder in the circuit court of Calhoun county, which court was held at Arnoldsburg. She petitioned this court for a writ of habeas corpus, alleging that she was unlawfully detained by the sheriff of that county, having been arrested in…
1Opinion of the Court
Brown, President.
This is a writ of habeas corpus, 'by which the plaintiff seeks to be discharged from custody upon an indictment for felony found against her in the circuit court of Calhoun county, upon the sole ground that the proceedings of said court were void, because the court was held at Arnoldsburg, in said county.
Arnoldsburg was the county seat established by the vote of the people in pursuauce of the act of 1858, and so remained, unless it has been changed by the acts of January 22d, 1867, and of March 4th, 1869. The former, if valid, removed the county seat to Stump’s farm, in said…
2Cases cited1 opinion
- State ex rel. Hixon v. SchofieldSupreme Court of Missouri · 1867
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- Callaghan v. ChipmanMichigan Supreme Court · 1886
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