Smith v. Maynard

The relator, Roy M. Smith, the Commissioner of the West Virginia Division of Labor, named as the defendant in a declaratory judgment action in the Circuit Court of Mingo County, contends that venue is improper in Mingo County and seeks a writ of prohibition against the respondent, the Honorable Elliott E. Maynard, Judge of the Circuit Court of Mingo County, prohibiting further proceedings in this matter.

I

On April 17, 1991, the Matewan National Bank (Bank) filed a declaratory judgment action pursuant to W.Va.Code, 55-13-1, et seq., against the relator, three corporate defendants, 1 and three…