Cremeans v. Goad

Sprouse, Justice:

In this prohibition proceeding, Berton W. Cremeans and Martha White Mills of West Virginia, Inc., relators, hereinafter referred to as defendants, seek to prohibit John H. Goad, Judge of the Circuit Court of Kanawha County, from hearing, prior to November 25, 1974, certain post-trial motions. The principal question presented for decision requires a determination of whether the trial judge, by advancing the date of hearing the motions upon three hours notice to the movants, has so exceeded the legitimate powers of his office as to lose jurisdiction over the subject matter of…