Legal Opinion

Gorrell v. Bier

West Virginia Supreme Court

Decided July 9, 1879PublishedCited by 17 opinions

Writ of error and supersedeas to a judgment of the circuit court of PJeasants county, rendered on the 28th day of November, 1878, in a proceeding on a writ of certiorari, in said court then pending, wherein Oliver Gorrell was plaintiff, and William E. Bier was defendant, granted on the petition of said Gorrell. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgmentjcomplained of.

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Writ of error and supersedeas to a judgment of the circuit court of PJeasants county, rendered on the 28th day of November, 1878, in a proceeding on a writ of certiorari, in said court then pending, wherein Oliver Gorrell was plaintiff, and William E. Bier was defendant, granted on the petition of said Gorrell. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgmentjcomplained of. Moore, Judge, furnishes the following statement of the case : Oliver Gorrell, before the county-court of Pleasants county, at the November term, 1878, thereof, contested the right of…

1Opinion of the CourtMoore, Judge

It was contended in argument, that this Court has no jurisdiction to review the judgment of the circuit court rendered in this causq. That question»was settled by this Court at the last special term, in the contested- election case of Dryden v. Swinburn, where it was held that “the judgment of a county-court may be brought up for review to the circuit court, in a proper case, by writ of certiorari, but under our statutes the proper mode of bringing up any judgment or order of a circuit court, in controversy between parties, for review by the Supreme Court of Appeals, when such judgment or…

2Cited by17 opinions

  1. State Ex Rel. Maloney v. McCartneyWest Virginia Supreme Court · 1976
  2. State ex rel. Zickefoose v. WestWest Virginia Supreme Court · 1960
  3. Slater v. VarneyWest Virginia Supreme Court · 1951
  4. State Ex Rel. Dostert v. RigglemanWest Virginia Supreme Court · 1972
  5. State Ex Rel. Cline v. HatfieldWest Virginia Supreme Court · 1960

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