§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 […]
§53-2-1. In What Cases Quo Warranto Awarded
A writ of quo warranto may be awarded and prosecuted in the name of the State of West Virginia, at the instance of the Attorney General, or prosecuting attorney of any county, in any of the following cases: (a) Against a corporation for a misuse or nonuse of its corporate privileges and franchises, or for […]
§53-2-2. Application for Writ
Whenever the Attorney General or prosecuting attorney of any county is satisfied that a cause exists therefor he may, at his own instance, or at the relation of any person interested, apply by petition to the circuit court, or the judge thereof in vacation, of the county wherein the seat of government is, or of […]
§53-1-1. When Writ of Prohibition Lies as Matter of Right
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.
§53-1-2. Jurisdiction of Writs of Mandamus and Prohibition; by Whom Rule to Show Cause or Peremptory Writ Issued
Jurisdiction of writs of mandamus and prohibition (except cases whereof cognizance has been taken by the Supreme Court of Appeals or a judge thereof in vacation), shall be in the circuit court of the county in which the record or proceeding is to which the writ relates. A rule to show cause as hereinafter provided […]
§53-1-3. Application for Mandamus or Prohibition
Application for a writ of mandamus or a writ of prohibition shall be on verified petition.
§53-1-4. Contents of Petition
The petition shall state plainly and concisely the grounds of the application, concluding with a prayer for the writ.
§53-1-5. When Rule to Show Cause Issued; Copy of Petition to Accompany Service of Rule; When Rule Returnable
The court or judge to whom the petition in mandamus or prohibition is presented shall, if the petition makes a prima facie case, issue a rule against the defendant to show cause why the writ prayed for should not be awarded. A copy of the petition shall accompany service of the rule. Such rule shall […]
§53-1-6. How Defense Made; Reply; Amendments
If the defendant appear and make defense, such defense may be by demurrer, or answer on oath, to the petition, or both, such answer to be subject to demurrer by the petitioner or relator. Reply may be made when proper. The court or judge may permit amendments as in other cases.
§53-1-7. Adjournment
When the case is before the judge of a circuit court in vacation, he may adjourn it from day to day, or from time to time, until finally disposed of.