McDonald v. Guthrie

BrasNON, Judge :

McDonald being a commissioner of the County Court of Kanawha County, a proceeding was instituted in the circuit court of that county by a number of its citizens to remove him from office, and he asked of this Court a writ of prohibition to restrain that court from going on with the case. The theory on which his case is here put is that chapter 48, Acts 1897, allowing a proceeding in the circuit court for his removal, is no law, because repugnant to section 4, Art. IX, of the State Constitution, which is as follows : “The president of the county courts, the justices of the…