State Ex Rel. Strickland v. Daniels

NEELY, Justice:

The petitioner, Emma Strickland, resides in an apartment complex known as Pine Valley Apartments. She seeks a writ of prohibition requiring respondent John Daniels, a magistrate, to remove a wrongful detainer action brought against her by Patsy Hargis, who manages Pine Valley Apartments and is also a respondent here, to the Circuit Court of Wyoming County. Respondents argue that the case should be tried in magistrate court.

This case requires the Court to reconcile two statutory provisions, W.Va.Code 50-2-1 [1983] that grants magistrates jurisdiction over actions for unlawful…