Hein v. Smith
West Virginia Supreme Court
Petition by Joseph Hein for a writ of prohibition restraining the Hon. Joseph Smith, judge of the seventh judicial circuit, and William Smith from any further proceedings upon certain orders of the county court of Mason county.
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Petition by Joseph Hein for a writ of prohibition restraining the Hon. Joseph Smith, judge of the seventh judicial circuit, and William Smith from any further proceedings upon certain orders of the county court of Mason county. JohnsoN, Judge, furnishes the following statement of the case: On the 4th day of May, 1878, Joseph Hein, by counsel, presented to this Court a petition, supported by his affidavit, praying for a writ of prohibition to be directed to the Hon. Joseph Smith, judge of the circuit court of Mason county, and to William Smith, restraining them from any further proceedings…
1Opinion of the CourtJohnson, Judge
Whether a writ of prohibition should issue in this case, depends upon the answer to the question : Has the circuit court jurisdiction by supersedeas to review an order of the county court granting a license to retail spirituous liquors, &c. ?
If the circuit court has such power, the writ will be refused; if it has not, the writ will be granted.
Syllabus 1. In at least two cases in Virginia the Court of Appeals has decided, that the action of the county court, in granting or refusing a license to retail liquors, is final and conclusive. In one of the cases, a mandamus, to compel the county court…
2Cases cited2 opinions
- French v. NoelSupreme Court of Virginia · 1872
- Ex parte YeagerSupreme Court of Virginia · 1854
3Cited by14 opinions
- Yates v. Taylor County CourtWest Virginia Supreme Court · 1900
- Swinburn v. SmithWest Virginia Supreme Court · 1879
- State ex rel. Noce v. BlankenshipWest Virginia Supreme Court · 1923
- City of Charleston v. LittlepageWest Virginia Supreme Court · 1913
- Ensign Co. v. CarrollWest Virginia Supreme Court · 1887
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