Poteet v. County Commissioners
West Virginia Supreme Court
Statement of the case by Green, Judge: J. E. Erwin and tL. C. Poteet, voters, tax-payers and property-holders of the town of Barboursville, Cabell county, for themselves and all othdr voters, tax-payers and property-holders of such town, who would join therein, on February 11,1887, presented their petition to the judge of the Circuit Court of Cabell county praying a writ of mandamus against the commissioners of the County Court of said county, viz.: George W. Hackworth,…
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Statement of the case by Green, Judge: J. E. Erwin and tL. C. Poteet, voters, tax-payers and property-holders of the town of Barboursville, Cabell county, for themselves and all othdr voters, tax-payers and property-holders of such town, who would join therein, on February 11,1887, presented their petition to the judge of the Circuit Court of Cabell county praying a writ of mandamus against the commissioners of the County Court of said county, viz.: George W. Hackworth, president, and Thomas A. Bias and George W. Grobe, commissioners, requiring them to do justice to the petitioners in the…
1Opinion of the Court
Green, Judge :
The first question presented by this record is : Have the Circuit Courts any appellate jurisdiction over the County Courts, when the latter have under chapter 5, section 15, of Acts of 1881 (Warth’s Code, chapter 39, section 15, pp. 255-6,) ascertained and declared the result of a vote on the question of the re-location of a county-seat and entered the same of record ? If the Circuit Courts have no appellate jurisdiction in such case, it would of course be wrong for one qf them to issue a mandamus against the commissioners of *71a County Court requiring them to sign any bill of…
2Cases cited20 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Arberry v. BeaversTexas Supreme Court · 1851
- Brazie v. Fayette County CommissionersWest Virginia Supreme Court · 1884
- McClure v. MaitlandWest Virginia Supreme Court · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State Ex Rel. Bumgardner v. MillsWest Virginia Supreme Court · 1949
- Fleming v. CommissionersWest Virginia Supreme Court · 1888
- State v. CunninghamWest Virginia Supreme Court · 1890
- In re Town of Union MinesWest Virginia Supreme Court · 1894
- State v. TurnerWest Virginia Supreme Court · 1952
31 more not listed; retrieve them via the Exa API.