West Virginia Supreme Court of Appeals, 1961

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

State ex rel. Top Rock Bottling Co. v. Hereford
West Virginia Supreme Court of Appeals · Decided January 31, 1961 · Browning
146 W. Va. 78; 118 S.E.2d 75; 1961 W. Va. LEXIS 1

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

Opinion of the Court

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 *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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