Legal Opinion

Hatfield v. County Court of Mingo County

West Virginia Supreme Court

Decided April 3, 1917PublishedCited by 8 opinions

Mandamus by E. C. Hatfield against the County Court of Mingo County and others.

1Opinion of the Court

Poffenbarger, Judge:

This proceeding by mandamus instituted by E. C. Hatfield claiming to hold the office of sealer of weights and measures of Mingo County, to compel the county court of that county to pay him the salary prescribed by its order entered, January 13, 1916, appointing him to that position, is resisted upon the ground that he no longer holds the office, because said order was, on January 10, 1917, rescinded and the office abolished by another order then entered.

If the order of January 10, 1917, was one of mere removal from office, it might be void for want of jurisdiction in the…

2Cases cited10 opinions

  1. People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
  2. People ex rel. Daniels v. HenshawCalifornia Supreme Court · 1888
  3. Koch v. Mayor of New YorkNew York Court of Appeals · 1897
  4. Phillips v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
  5. In re BulgerCalifornia Supreme Court · 1873

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Baker v. Civil Service CommissionWest Virginia Supreme Court · 1978
  2. State Ex Rel. McGraw v. BurtonWest Virginia Supreme Court · 2002
  3. First Baptist Church v. City of Fort WorthTexas Commission of Appeals · 1930
  4. State Ex Rel. Musick v. LondereeWest Virginia Supreme Court · 1960
  5. Kelly v. KaneCalifornia Court of Appeal · 1939

3 more not listed; retrieve them via the Exa API.

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