Baker v. O'Brien
West Virginia Supreme Court
Original petition by G. E. Baker and others for prohibition to Hon. W. H. O ’Brien, as County Judge, and others.
1Opinion of the Court
Poffenbarger, Judge:
The inquiry raised by this application for a writ of prohibition to restrain a judge of a circuit court, from proceeding upon a rule in prohibition issued by him, is whether prohibition lies from the circuit court of a county, to prevent the county court thereof from ordering an election, on a petition deemed by it to be sufficient, to determine the will of the voters of the county, upon the question of relocation of the county seat thereof.
' The function performed by a county court, in calling such an election, is a purely ministerial one. Doolittle v. County *102Court, 28 W.…
2Cases cited9 opinions
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
- Brazie v. Fayette County CommissionersWest Virginia Supreme Court · 1884
- Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
- Reeves v. RossWest Virginia Supreme Court · 1907
- Doolittle v. County Court of Cabell CountyWest Virginia Supreme Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. City of Huntington v. LombardoWest Virginia Supreme Court · 1965
- Wiseman v. CalvertWest Virginia Supreme Court · 1950
- State ex rel. Marcum v. County Court of Wayne CountyWest Virginia Supreme Court · 1922
- Langfitt v. County Court of Doddridge CountyWest Virginia Supreme Court · 1920
- Pack v. KarnsWest Virginia Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.