US Lawyer Database

§53-3-6. Same — Duration

When such bond as is mentioned in the next preceding section is filed, the writ of certiorari shall operate to stay all proceedings upon the judgment or order removed by the writ, and all further proceedings before the county court, justice or other inferior tribunal in the case, matter or proceeding in which it was […]

§53-4-1. When and by Whom Writ Granted

The writ of habeas corpus ad subjiciendum shall be granted forthwith by the Supreme Court of Appeals, or any circuit court, or any other court given power by any particular statute to grant the same, or any judge of either court in vacation, to any person who shall, by himself or by someone in his […]

§53-4-2. To Whom Writ Directed; Return of Writ

The writ shall be directed to the person in whose custody the petitioner is detained and made returnable as soon as may be. If the writ be ordered by any court or judge other than the Supreme Court of Appeals or a judge thereof, it shall be returnable before the court or judge ordering it, […]

§53-2-4. Information in the Nature of Writ of Quo Warranto

In any case in which a writ of quo warranto would lie, the Attorney General or prosecuting attorney of any county, at his own instance or at the relation of any person interested, or any person interested, may, in the name of the State of West Virginia, apply to any such court or judge thereof […]

§53-2-5. Service of Writ or Summons

Every such writ or summons shall be served as provided in article two, chapter fifty-six of this code, and if it be against a corporation, it shall be served on some of the persons mentioned in sections thirteen and fourteen of article three, chapter fifty-six of this code; and if service thereof cannot otherwise be […]

§53-2-6. Judgment When Defendant Fails to Appear; Defendant May Have Judgment Set Aside and Make Defenses Where Service by Publication; Pleading Where Defendant Appears

If the defendant named in such writ or information fail to appear after the service thereof as aforesaid, the court may hear proof of the allegations of the petition or information, and if such allegations be sustained, the court shall give judgment accordingly. But if the service be made by publication, the defendant against whom […]

§53-1-9. Suspension of Proceedings Where Prohibition Applied For

On petition for a writ of prohibition, the circuit court, or judge in vacation, or the Supreme Court of Appeals, or a judge thereof in vacation, may, at any time before or after the application for the writ is made, if deemed proper, make an order, a copy of which shall be served on the […]