Legal Opinion

State ex rel. Hallanan v. Cyrus

West Virginia Supreme Court

Decided October 29, 1918PublishedCited by 9 opinions

Mandamus by the State, on relation of Walter S. Hallanan, State Tax Commissioner, against II. II. Cyrus, Sheriff.

1Opinion of the Court

Lynch, Judge:

In default of an appearance in person or by counsel to respond to the alternative mandate of the preliminary writ either to do the things he was commanded to do or show cause for not doing them, the charges preferred by the petition and recited in the alternative writ must be taken and accepted as true. They make plain a total and inexcusable disregard of the duties imposed by law upon sheriffs as ex officio jailers of their counties to keep literally in jail persons sentenced to confinement therein, except ivhen at labor under some statute authorizing their employment at work as…

2Cases cited1 opinion

  1. Comer v. HustonAppellate Court of Illinois · 1894

3Cited by9 opinions

  1. Allen v. State of West Virginia Human Rights CommissionWest Virginia Supreme Court · 1984
  2. State Ex Rel. Sublett v. AdamsWest Virginia Supreme Court · 1960
  3. Fanning v. United StatesCourt of Appeals for the Fourth Circuit · 1934
  4. State v. LombardoNew Jersey Superior Court Appellate Division · 1952
  5. American Industrial Leasing Company v. McElroyWest Virginia Supreme Court · 1969

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