Fisher v. Mayor of Charleston
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 16th day of June, 1879, in three consolidated suits in said court then pending, in each of which Henry J. Fisher was plaintiff and the mayor, recorder and councilmen of the city of Charleston were defendants, allowed upon the petition oi said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 16th day of June, 1879, in three consolidated suits in said court then pending, in each of which Henry J. Fisher was plaintiff and the mayor, recorder and councilmen of the city of Charleston were defendants, allowed upon the petition oi said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. GreeN, President, furnishes the following statement of the case: In the first of these cases Henry J. Fisher presented to the Hon. Joseph…
1Opinion of the Court
Green, President,
delivered the opinion of the Court :
In the case of Henry J. Fisher v. The City of Charleston, just decided by this Court, a rule was awarded to show cause why a mandamus should not be issued. In this case no such rule issued; but on the filing of the petitions alternative writs of mandamus at once issued. The old English practice was to issue a rule to show cause why a mandamus should not issue, before an alternative writ of mandamus was issued; and this was formerly the practice in New York. See Commercial Bank v. Canal Commissioners, 10 Wend. 25; People v. Judges of…
2Cases cited12 opinions
- Bridges v. ShallcrossWest Virginia Supreme Court · 1873
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Chance v. TempleSupreme Court of Iowa · 1855
- People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
- Thompson v. ShepherdNew York Supreme Court · 1812
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3Cited by16 opinions
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- Johnson v. Board of CanvassersWest Virginia Supreme Court · 1927
- Doolittle v. County Court of Cabell CountyWest Virginia Supreme Court · 1886
- State v. White Oak Railway Co.West Virginia Supreme Court · 1909
- Board of Trustees of Policemen's Pension v. City of HuntingtonWest Virginia Supreme Court · 1956
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