The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-05-25
supREME couRr on APPEALs.

2. The supreme court OF appeals shall
consist OF four judges, any three OF whom
shall be q quorum for the transaction OF
business. They shall be elected by the
voters Of the State, and hold their office
for the term Of twelve years, unless sooner
removed in the manner described by this
Constitution, except that the judges in
office when this article takes effect shall
remain therein until the expiration Of
their present term Of Office.
s. II shall have original jurisdiction in
cases OF habedS corpus, nldndamus and pro-
hibition. 1t shall have appellate juris-
diction in civil cases where the matter in
controversy, exclusive Of costs, is Of great
err value or amount than one hundred dol
lars; in controversies concerning the title
or boundaries of land, the probate OF wills,
the appointment or qualification OF a per-
sonal representative, guardian, committee
or curator; or cor cerninga mill or road
way, ferry or landing; or the right Of a
corporation or county TO levy tolls, or
taxes, and also in causes OF quo tpdrrGnt0,
iIdbedS corpus, mdnd1mtlS, certiOrdrt, and pro-
hibiliOn and in cases involving freedom or
constitutiouaIity OF the law. 1tshall have
appellate jurisdiction in criminal cases
where there has been a conviction for
felony or misdemeanor in the Circuit
Court, aud where q conviction has been
had In any inferior court and been affirm
ed in q Circuit Court, and in cases re-
latiug to the public revenue, the right OF
appeal shall belong to the State as well as
the defendant, and such other appellate
jurisdiction, in both civil and criminal
cases, as may be prescribed by law.
4. No decision rendered by the Supreme
Court OF Appeals shall be considered as
binding authority upon any OF the in
ierior courts of this State, except in the
particular case decided, unless such decl-
sion Is concurred in by at least three
Judges OF said court.
5. When judgment or decree is re,
versed or affirmed by the Supreme Court
Of Appeals, every point fairly arising upon
the record OF the case shall be considered
and decided; and the reason therefore
shall be concisely stated in writing, and
preserved with the record OF the case
and 1t shall be the duty Of the court 70
prepare syllabus Of the points adjudi'
Gated in each case concurred in by three
Of the Judges thereof, which shall be
fixed to the published report OF the case
8. A writ Of error, HtpeTsededs or appea
shall be allowed only by the Supreme
Court of Appeals or Judge Thereof, upon
petition assigning error in the judgment
or proceedings OF the inferior court, and
then only after said court or Judge shal
have examined and considered the record
and assignment OF errors. and Is satisfied
that there is error in the same, or that Il
presents point proper for the considera
| ton oil the Supreme Court OF Appeals.
Z. Iifrom any cause vacancy shall &C
cur in the Supreme Court Of appeals, the
Governor shall issue writ OF election tc
all such vacancy at the next general cleo
tion for the residue Of the term; and Ii
the meantime hs shall fill such vacancy
by appointment until Judge Is elected
and qualified. But II the unexpired term
be less than two year, the Governor shall
gil such vacancySby appointment for thu
unexpired term.
S, The officers OF the Supreme Court O
appeals, except the reporter, shall be ap
pointed by the Court, or, in vacation, By
The Judges thereof, with the power OF re
moyal; their duties and compensation
shall be perscribed by law,
8, There shall be at least two terms o
the Supreme Court Of appeals held annu
ally, at such time and places as may b.
prescribed by law.