Koonce v. Doolittle

Dent, Judge:

On application of Samuel C. Koonce for a writ of peremptory mandamus to compel Judge E. S. Doolittle, of the circuit court of Cabell County to obey the mandate of this Court in the case of W. E. Schmertz et al. against Black & Hammond et ad., the honorable judge answers that he has in no wise disobeyed the command of this Court, but has in all respects strictly obeyed the same, that the matter complained of in the petition for mandamus was a matter left open to his discretion by the mandate, opinion and syllabus of this Court. This raises an issue that can alone be determined by…