Swinburn v. Smith
West Virginia Supreme Court
Petition by Tbomas Swinburn for a writ of prohibition to prohibit the circuit court of the county of Ka-nawha from proceeding in two certain cases in said court then pending, in one of which Thomas Swinburn was plaintiff and Joseph Smith, Judge, and John Dryden were defendants, and in the other of which Thomas Swinburn was plaintiff and Joseph Smith, Judge, and V, E. G. Gillison were defendants.
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Petition by Tbomas Swinburn for a writ of prohibition to prohibit the circuit court of the county of Ka-nawha from proceeding in two certain cases in said court then pending, in one of which Thomas Swinburn was plaintiff and Joseph Smith, Judge, and John Dryden were defendants, and in the other of which Thomas Swinburn was plaintiff and Joseph Smith, Judge, and V, E. G. Gillison were defendants. Green, President, furnishes the following statement of the case: On October 8, 1879, Thomas Swinburn, after due notice to the defendants, filed in this Court two petitions for writs of prohibition,…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The awarding of prohibitions in these cases is resisted by the defendants’ counsel because, it is said, “neither of the petitions alleges that the judge had in any manner as yet exceeded his authority or acted without jurisdiction, but without proof alleges his intention in future to do so.” And again because the petitions “nowhere allege that the judge of the circuit court of Kan-awha county had no jurisdiction to award the injunction or grant the writ of error and supersedeas.” This position was not assumed by the defendants’ counsel in…
2Cases cited15 opinions
- Tappan v. GrayNew York Court of Chancery · 1842
- Hagner v. HeybergerSupreme Court of Pennsylvania · 1844
- People ex rel. Campau v. Circuit CourtMichigan Supreme Court · 1863
- Thomas v. MeadSupreme Court of Missouri · 1865
- Crowell v. LambertSupreme Court of Minnesota · 1865
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3Cited by39 opinions
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- Norfolk & W. Ry. Co. v. Pinnacle Coal Co.West Virginia Supreme Court · 1898
- Dryden v. SwinburneWest Virginia Supreme Court · 1882
- State ex rel. Reynolds v. WhiteSupreme Court of Florida · 1898
- Jennings v. McDougleWest Virginia Supreme Court · 1919
34 more not listed; retrieve them via the Exa API.