Dryden v. Swinburn
West Virginia Supreme Court
Writ of error and supersedeas to the judgment of-the circuit court of Kanawha county rendered on the 20th day of December, 1878, in a proceeding on a writ of certiorari in said court then pending, wherein John Dryden was plaintiff and Thomas Swinburn was defendant, awarded on the petition of the said Swinburn. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to the judgment of-the circuit court of Kanawha county rendered on the 20th day of December, 1878, in a proceeding on a writ of certiorari in said court then pending, wherein John Dryden was plaintiff and Thomas Swinburn was defendant, awarded on the petition of the said Swinburn. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. Green, President, furnishes the following statement of the case: This is a case of contested election under the provisions of chapter 118 of the Acts of 1872-3. On October 19,1878, John…
1Opinion of the Court
Green, President,
delivered the opinion of the Court :
Certain preliminary questions must be disposed of first in this case. The first of them is : Has this court any jurisdiction in this case under our Constitution? The third section of Article 8 of our Constitution provides that the Supreme Court of Appeals “shall have appellate *247jurisdiction in civil cases, when the matter in controversy, exclusive of costs, is of greater value, or amount,' than $100.00.” Under this clause has this Court jurisdiction in any case where the matter in controversy in the inferior court was an office ? Or does the…
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3Cited by52 opinions
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