Legal Opinion

Nicely v. Butcher

West Virginia Supreme Court

Decided November 6, 1917PublishedCited by 18 opinions

Error to Circuit Court, Wood County. Mandamus by Florence May Nicely against H. G-. Butcher, Justice of the Peace. Writ refused by the Criminal Court, review of such action declined by the Circuit Court, and plaintiff brings error.

1Opinion of the Court

Ritz, Judge:

Úpon a warrant charging her with adultery, Florence May Nicely was found guilty by the respondent H. G-. Butcher, a Justice of the Peace, and adjudged to pay a fine of twenty dollars and the costs of prosecution. She applied for an appeal from this judgment, but the justice refused to grant such appeal for the reason that the application therefor was not made within ten days from the rendition of the judgment. Mrs. Nicely then filed her petition in the criminal court of Wood county, praying for a writ of mandamus to compel the justice to grant the appeal applied for. The criminal…

2Cases cited2 opinions

  1. Lowe v. StateCourt of Appeals of Maryland · 1909
  2. State v. EmswellerWest Virginia Supreme Court · 1916

3Cited by18 opinions

  1. State v. SimsWest Virginia Supreme Court · 1978
  2. Kesling v. MooreWest Virginia Supreme Court · 1926
  3. State v. CookWest Virginia Supreme Court · 1918
  4. State Ex Rel. Morris v. MohnWest Virginia Supreme Court · 1980
  5. Riley v. ZieglerWest Virginia Supreme Court · 1978

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