State ex rel. Top Rock Bottling Co. v. Hereford

West Virginia Supreme Court

State ex rel. Top Rock Bottling Co. v. Hereford

118 S.E.2d 75, 146 W. Va. 78, 1961 W. Va. LEXIS 1

CourtWest Virginia Supreme Court

DecidedJanuary 31, 1961

DocketNo. 12090

StatusPublished

This text of 118 S.E.2d 75 (State ex rel. Top Rock Bottling Co. v. Hereford) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Top Rock Bottling Co. v. Hereford, 118 S.E.2d 75, 146 W. Va. 78, 1961 W. Va. LEXIS 1 (W. Va. 1961).

Pincite

Opinion

Browning, Judge:

In this original proceeding in prohibition petitioner seeks to prohibit the respondent judge from proceeding further in the civil actions of Holbrook v. Top Rock Bottling Company, a Corporation, which cases were removed to the Circuit Court of Putnam County by the Judge of the Common Pleas Court of Kanawha County under the purported authority of Code, 56-9-1, as amended. That section provides for the removal of a case for good cause shown “if pending in a circuit [79]*79court, to any other circuit court, and if pending in any court of limited jurisdiction heretofore mentioned to the circuit court of that county: * *

Under this statute the only court to which these cases could have been removed is the Circuit Court of Ka-nawha County. The writ must be awarded.

Writ awarded.

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Browning, Judge:

In this original proceeding in prohibition petitioner seeks to prohibit the respondent judge from proceeding further in the civil actions of Holbrook v. Top Rock Bottling Company, a Corporation, which cases were removed to the Circuit Court of Putnam County by the Judge of the Common Pleas Court of Kanawha County under the purported authority of Code, 56-9-1, as amended. That section provides for the removal of a case for good cause shown “if pending in a circuit [79]*79court, to any other circuit court, and if pending in any court of limited jurisdiction heretofore mentioned to the circuit court of that county: * *

Under this statute the only court to which these cases could have been removed is the Circuit Court of Ka-nawha County. The writ must be awarded.

Writ awarded.

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Bluebook (online)

118 S.E.2d 75, 146 W. Va. 78, 1961 W. Va. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-top-rock-bottling-co-v-hereford-wva-1961.