Fisher v. City 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 17th day of December, 1879, in an action in said court then pending, wherein Henry I. Fisher was plaintiff and the City of Charleston was defendant, allowed upon the petition of said Fisher. 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 17th day of December, 1879, in an action in said court then pending, wherein Henry I. Fisher was plaintiff and the City of Charleston was defendant, allowed upon the petition of said Fisher. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. GreeN, PRESIDENT, furnishes the following statement of the case: On May 29, 1878, Henry I. Fisher presented his petition to the circuit court of Kanawha county for a mandamus against the city of Charleston.…
1Opinion of the Court
Green, President,
announced the opinion of the Court:
Originally a mandamus was a mandate issued directly by the King of England to his subject, ordering the performance of some specified act. It was in no sense a judicial writ. Such mandates have long since become obsolete. Any such mandate was called originally a mandamus-, but gradually a mandate ceased to be called *604a mandamus, and this name was applied to a judicial wrj¿ }ssne(j by the King’s Bench in ñie name of the King. jn this court the King originally sat in person, and when he ceased to do so, yet by a fiction of the law he was still…
2Cases cited32 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Kendall v. StokesSupreme Court of the United States · 1845
- Arberry v. BeaversTexas Supreme Court · 1851
- City of Galena v. AmySupreme Court of the United States · 1867
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3Cited by47 opinions
- Carter v. City of BluefieldWest Virginia Supreme Court · 1949
- State ex rel. Matheny v. County Court of Wyoming CountyWest Virginia Supreme Court · 1900
- State Ex Rel. Smith v. BosworthWest Virginia Supreme Court · 1960
- Cross v. W. Va. Cent. & Pa. R'y Co.West Virginia Supreme Court · 1891
- Doolittle v. County Court of Cabell CountyWest Virginia Supreme Court · 1886
42 more not listed; retrieve them via the Exa API.