Legal Opinion
State Ex Rel. Skinner v. Dostert
West Virginia Supreme Court
Decided April 3, 1981No. 14911PublishedCited by 65 opinions
1Opinion of the Court
McGraw, Justice:
The Prosecuting Attorney of Jefferson County here seeks a Writ of Prohibition to prevent enforcement of an “Administrative Order” ordered entered by the Circuit Judge of Jefferson County.
The Prosecuting Attorney complains that the “order” invades the jurisdiction of the Magistrate Court, that it invades the discretionary power of the Prosecuting Attorney’s office and that the order is void because it was entered without “pleading, process, notice or hearing”.
We agree with the Prosecuting Attorney and award the writ.
The Circuit Judge of Jefferson County, upon his own motion,…
2Cases cited25 opinions
- Pauley v. KellyWest Virginia Supreme Court · 1979
- Willis Lansing Ganger v. C. C. Peyton, Superintendent of the Virginia State Penitentiary, Appellant(two Cases)Court of Appeals for the Fourth Circuit · 1967
- State v. La PorteWashington Supreme Court · 1961
- State v. BrittonWest Virginia Supreme Court · 1974
- State Ex Rel . Preissler v. DostertWest Virginia Supreme Court · 1979
20 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Tennant v. Marion Health Care Foundation, Inc.West Virginia Supreme Court · 1995
- State Ex Rel. R.L. v. BedellWest Virginia Supreme Court · 1994
- Myers v. FrazierWest Virginia Supreme Court · 1984
- State Ex Rel. Diva P. v. KaufmanWest Virginia Supreme Court · 1997
- State Ex Rel. Hamstead v. DostertWest Virginia Supreme Court · 1984
60 more not listed; retrieve them via the Exa API.