West Virginia Statutes

§ 53-1-1 — When writ of prohibition lies as matter of right

West Virginia·Ch. 53 EXTRAORDINARY REMEDIES·Art. 1 PROHIBITION AND MANDAMUS

The writ of prohibition shall lie as a matter of right in all cases of usurpation and abuse of power, when the inferior court has not jurisdiction of the subject matter in controversy, or, having such jurisdiction, exceeds its legitimate powers.

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Nearby Sections

15

§ 53-1-1

When writ of prohibition lies as matter of right

§ 53-1-10

Certification of proceedings in vacation; entry in order book

§ 53-1-11

Service of writ; how obedience to writ enforced

§ 53-1-12

Distribution of levy under mandamus to satisfy judgment against a political subdivision

§ 53-1-2

Jurisdiction of writs of mandamus and prohibition; by whom rule to show cause or peremptory writ issued

§ 53-1-3

Application for mandamus or prohibition

§ 53-1-4

Contents of petition

§ 53-1-5

When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable

§ 53-1-6

How defense made; reply; amendments

§ 53-1-7

§ 53-1-8

Award or denial of writ; costs

§ 53-1-9

Suspension of proceedings where prohibition applied for

§ 53-2-1

In what cases quo warranto awarded

§ 53-2-2

Application for writ

§ 53-2-3

Award of writ; signing and attestation; bond

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