Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-14
SUPREME COURT OF APrEAIs.

SUPREME COURT OF APPEALS.
.. The supreme court of appeals shall consist
of four judges, any three OF whom shall be Il
quorum for the transaction OF business. lhey
shall be elected by the voters of the state, anG
hold their Office for the term Oftwelve years, un-
less sooner removed in the manner prescribed
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. IL Shall have original jurisdiction in cases
of hrIylS corpus, mGRddnU rs and prohibition. II
Shall have appellate jurisdiction in civil cases
where the matter III controversy, exclusive OF
costs, is OF greater value or amount than one
hundred dollars in controversies concern
ing the title or boundaries OF land,
the probate OF wills, the appointment
or qualification OF a personal representa-
tive, guardian, committee or curator; or CON
corning a mill, road, way, ferry or landing; or
the right Of a corporation or county to levy
tolls or taxes, and also in eases OF quo UdTrdht0,
hybeds corpus, m~HpdGHUS, c~SrtiOrdrt ana prohlhl-
finn. and IN eases involving freedom or the CON
S;itutiOuality OF Il law. II shall have appellate
jurisdiction in criminal cases where there mas
been a conviction for felony or mi>demeanor III
A circuit court, and where a conviction has been
had i'm any inferior court and been affirmed III II
circuit court, and in eases relating To the public
revenue, the right OF appeal shall belong. to the
state rs 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 DC considered as binding au-
lINIAIN uIbil NAAN VI IL AilA'AAbA Va NA'A'
State, except in the particular case decided, un-
less such decision is cOnCurred in by at least
three judgeSof said court.
;. When Il judgment or decree Is reversed or
affirmed by the supreme court OF appeals, every
pOiut fairly arising upon the record Of the case
Shall be considered and decided; and the rcas-
onS therefor shall be C~OnCiSely Statcdin writing,
and preserved with the record OF the case; and II
shall be the duty OF the court 10 prepare a sylla-
bus OF the points adjudiCGted in each case con
cured In by three OF the judges thereof, which
shall be prciixed TO the published report OF the
case.
&. A writ Of error, sUpcTSedoGs or appeal shall
be allowed only by the supreme court Of appeals
or Judge thereof, upon a petition assigning er-
Tor in the judgment or proceedings OF the IN
feriOr court, and then only after >ald court or
Judge shall have examined and considered the
record and assignment Of errors, and i satisfied
that there is error in the same, or that 1t pre-
SCENTS Il point proper tor The consideration oil the
supreme court OF appeals.
:. If from any cause u vacancy shall occur in
the supreme court OF appeals, the GONcrnor shail
issue II writ OF election 10 MI such vacancy al
the next general election for the residue OF the
term; and i'm the meantime hc shall Ill Su"h
vacancy by appointment until Il judge Is elected
and qualified. But II the uileNplred Term De
less than two years the Governor Shtll MI Siucl;;
vacancy by appointment for the uncXpircd
s. The officers OF the supreme court Ofappcals.
except the reporter, shall be appointed by the
court. or. In vacation by the judges thereof, with
wv " " 49,
lion shall be prescribed by law.
Q. There shall be at least two terms OF the su-
prcme court OF Appeals held annually. al such
times and places as may be prescribed by law.
CIRCUIT COURTS.
10 The State shall bc divided into thirteen
circuits. For the circuit hereinafter called the
first. two Judges shall lac elected, and for each OF
the other circuits one judge shall be elected by
the voters thereof. Each OF the judges 50 elected
shall hold his Office for the term OF eight years,
,tr1aSs Sp,r,ar rprnpypi i'm the manner IrgSgTlhpI
in this constitution. The judges OF the circuit
courts in Office wncn this article taxes elect
shall remain therein until the expiration OF the
term for which they have been elected in the
circuits in which they may respectively reside,
unless soon removed as Aforesaid. A vacancy IN
the office OF Il judge OF the circuit cOhrt SNAIL
be- filed in the same manner rs Is provided Tor
in any case of u vacancy ia the once 81 a Judge
of the supreme court Of appeals. During ms
cOntinuancei i'm office the Judge OF a circuit court
shall reside in the circuit of winch he Is judge.
The business OF the first circuit may. be apPnI
toned between the judges thereof, Hud S'!Ch
Judges may hold courts in ;ae same county or IN
different counties within the circuit al iie same
time or at different times, ~ may DC prescribed
by law.
II. A circuit court shall he held in every
! county in the state at least three times in each
wear, and provisions may be made by law Tor
holding special I rms Of said court. 4 Judge Of
any circuit may hold the courts IN another CIR
cunt.
IL. Il ne circuit court SltlI lbNt ~ NuiflNA
sion aud control Of all proceedings before jus
tees and other inferior tribunals, by nnHd61puS,
prohibition and ccrtiprdri. They shall except in
cases confined exclusively 10y this constitution
to Some other tribunal, have original and gen
cral jurisdiction of all matters AT law where the
amount in controversy exclusive OF interest, eX-
ceedS fifty dOildr>; OF all cases OF h1b'dS corpus,
! mGminnuS, gUO t%CurruHtD. and prohibition: anu
! an eases In equity. aud Of all crimes and misdc-
mcanors They shall have appellate ~jnriSdic-
tiOu in all cases, civil aud criminal, where an
appeal writ Of error or Stpc "GcIS may be allow
I al 10 the Judgment or proceedings OF any infyri-
or tribunal. They shall also have such other
jurisdiction. whether supervisory, original ap.
pellate, or concurrent, Is is or mdy be prescribed
by law
Is. Until otherwise provided by law, the
State shall be divided into the following circuits:
The cOunties Of Brooke, Hanco K, Ohio and
Marshall shall constitute the nT>t circuit; the
coUntieS OF MOnOngalta, Marion anu Harrison,
the second: the counties OF .'rcStOuI, Taylor, bar
hour, Tucker and Randolph, the third; the
counties Of Wet2el, Tyler, Richie and Dod'
bridge. the fourth; the counties OF Wood, Writ,
aad Pleasant, the nth; the counties OF Clay,
GilmcT. jackson. Roane and Calhoun, thcSiXth:
the counties OF Putnam, kanawha ana Mason,
the seventh; the counties oil Cabeil, Wayne,
Lincoln and Logan. the eight; The counties oi
Mcdowell, Mercer, Raleigh, Wyoming ana
Boone, the ninth: the counties OF ttrecubrlcr,
Monroe. summers, Fayette ana Pocahonlas, the
tenth: the counties of UpshuT, Lewis, BrdNtun,
Nicholas aud Webster. the eleventh; the coun.
Ties OF Grant, Hardy. Hampshire, Mineral and
~
| Pendie on, the twelfth; the counties OF Jehcr
SON, Rerkcley and Morgan, the thirteenth,
ii. The legislature may rcarrange the Ci!rcnl's
bnrr;r rrnyided for at any session thereof next
preceding any general election Of the judges OF
said circuits, and after the wear one THOUSAND
eight hundred and eighty-SiEhS' ma! az Imy
Is. The legislature shall provide by law tor
holding regular and special terms of the clrchit
corr,S whore from any Cause the judge SHAH
fail to attend, or, If in attendance, cannot prop
erly preside.
l6. All judges shall be commlSSloned 10y tmS
Gnvernor The salary of a Judge Of the supreme
court of appeals shall be two thousand two
hundred dollars per annum, ana 'hat
OF Il judge OF the circuit court sha,l oe
one thousand eight hundred dollars
per annum: and each shall receive the same
mileage rs members of the Legislature. fro,
riici, That Ohio county may pay si a'uIu"us!
sum Nor annuI1 10 the Judges Of the r!fcuit
court thereof: but such allowance shall not DE