State Ex Rel. Lewis v. Warth

Kenna, Judge:

This mandamus proceeding was brought by Dr. W. M. Lewis against Honorable H. Clay Warth, Judge of the Common Pleas Court of Cabell County, for the purpose of requiring the respondent to rescind an order entered in that court on the twenty-second day of March, 1948, authorizing the search of the petitioner’s office and the removal therefrom of certain papers, the property of petitioner. The contention of the petitioner is that the order authorizing the search was based entirely upon the unsworn representation of the prosecuting attorney that he had been informed that the search…