Ball v. Toler

Hatoher, Judge:

Chapter 28A, § 12, of the West Virginia Code of 1923 provides that it shall be unlawful for a county court to issue any certificate, order, or other evidence of indebtedness which cannot be paid out of the levy for the current fiscal year, and that in ease of negligent or willful violation of such provision, a court of competent jurisdiction shall enter an order forfeiting the offices of the members thereof. This is a proceeding brought under that chapter to remove J. Albert Toler and Bert Cook as members of the county court of Wyoming county. The circuit court found that the…