Fleshman v. McWhorter
West Virginia Supreme Court
Appeal from Circuit Court, Greenbrier County. Mandamus by D. M. Flesh-man against McWhorter, J. M., judge, at ail. Judgment for defendant and plaintiff appeals.
1Opinion of the Court
POEEENBARGER, JUDGE:
D. M. Fleshman asks that a peremptory writ of mandamus issue against Hon. J. M. McWhorter, Judge of the circuit court of Greenbrier County, requiring him to enter a judgment for costs in favor of petitioner in an action of trespass on the case in' which he was plaintiff and D. F. Hedrick was defendant, and in which the plaintiff recovered a judgment for one dollar.
The action was for breaking, entering and trespassing upon the plaintiff’s close. No other cause of action is set out in the declaration, and the plea was “Not guilty.” But it is claimed by the petitioner that…
2Cases cited7 opinions
- Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
- State v. County CourtWest Virginia Supreme Court · 1890
- Miller v. County Court of Tucker CountyWest Virginia Supreme Court · 1890
- Sperry v. SandersWest Virginia Supreme Court · 1901
- State ex rel. Wayne County Court v. HerraldWest Virginia Supreme Court · 1892
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3Cited by11 opinions
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- Ebbert v. BouchelleWest Virginia Supreme Court · 1941
- State v. LeggWest Virginia Supreme Court · 1966
- Mau v. StonerWyoming Supreme Court · 1905
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