Douglass v. Loomis
West Virginia Supreme Court
This was a rule awarded by this court at the January term 1871, against Hon. George Loomis, Judge of the circuit court of Wood county, on the application of William Douglass and S. Woodward. The petition for the rule alleged in substance that, on the trial of a case in the county of Wood, in December, 1870, wherein the petitioners were defendants, they had during the progress thereof, 'asked certain instructions by the court to the jury, which were refused.
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This was a rule awarded by this court at the January term 1871, against Hon. George Loomis, Judge of the circuit court of Wood county, on the application of William Douglass and S. Woodward. The petition for the rule alleged in substance that, on the trial of a case in the county of Wood, in December, 1870, wherein the petitioners were defendants, they had during the progress thereof, 'asked certain instructions by the court to the jury, which were refused. That they then prepared a bill of exceptions to the opinion refusing the instructions, setting forth that the evidence adduced in the…
1Opinion of the Court
BERKSHIRE- P.
Original jurisdiction in cases of nmadamus,, is conferred on this court, by the eighth section of the sixth article of the constitution.
The terms employed to vest such jurisdiction are general'. And it is not provided, either in the constitution or the statute, when or in what cases it may be proper or necessary to issue the writ, nor is the mode of proceeding to obtain it prescribed. In these respects therefore, we are to look to and be govern ed by the principles of the common law. As to the proceedings necessary to procure the writ, the invariable practice seems to have been…
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3Cited by17 opinions
- Fleming v. CommissionersWest Virginia Supreme Court · 1888
- Poteet v. County CommissionersWest Virginia Supreme Court · 1887
- Moore v. DouglassWest Virginia Supreme Court · 1879
- West v. FergusonSupreme Court of Virginia · 1861
- Henry v. DavisWest Virginia Supreme Court · 1878
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