Cable v. Hatfield

DAVIS, Chief Justice:

Sixteen appellants appeal an order of the Circuit Court of Mingo County dismissing their petition for a writ of mandamus to require the circuit clerk to file a complaint submitted by mail. The clerk refused to file the complaint as the prospective plaintiffs had failed to tender a filing fee for each plaintiff, and because the complaint was not accompanied by a civil ease information statement as required by Rule 3 of the West Virginia Rules of Civil Procedure. For the reasons explained in the body of this opinion, we conclude that when a circuit court clerk receives a…