Welch v. County Court of Wetzel County
West Virginia Supreme Court
Statement of the case by Green, Judge: B. M. Weclh and fifty-four other citizens and tax-payers of Wetzel county in this State applied by petition to the Circuit Court of said county for a writ of certiorari against the County Court of said county to require said court to remove the record of its proceedings in relation to the re-location of the county-seat of said county into the Circuit Court of said county.
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Statement of the case by Green, Judge: B. M. Weclh and fifty-four other citizens and tax-payers of Wetzel county in this State applied by petition to the Circuit Court of said county for a writ of certiorari against the County Court of said county to require said court to remove the record of its proceedings in relation to the re-location of the county-seat of said county into the Circuit Court of said county. The petition set out, that bn June 17, 1884, David Barr and eight hundred and two other citizens or persons said to be citizens of Wetzel county, filed their petition in the County…
1Opinion of the Court
Gbjsek, Judge :
The only question argued by the counsel for the defendant in error is: — Has this Court jurisdiction to review the judgment of the Circuit Court? He insists, that it has not, and urges the following reasons :-Ast, because it was discretionary with the Circuit Court either to award or refuse the certiorari, and when that court has a discretion, its judgment can not be reviewed; and 2d, because the order sought to be reviewed was not a final judgment, if it can be called a judgment at all, there having been but one party, the plaintiffs in error, before the court, when the order…
2Cases cited63 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
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3Cited by31 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Poteet v. County CommissionersWest Virginia Supreme Court · 1887
- Chambers v. ClineWest Virginia Supreme Court · 1906
- State ex rel. Hoffman v. Town of ClendeninWest Virginia Supreme Court · 1922
- Brown v. Randolph County CourtWest Virginia Supreme Court · 1899
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