West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-24


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JUDICIAL prfN y,-rNtt,N.r
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NOF"HNE COUNT or ArpEALS,
- Tho Supreme court of uppoal. shall
consist o! four judges, any tlr of VINO ~
shall bc q quorum tor the Transaction of
business. ThOv shall be elected NV tio
voters OF tho state, and hold their Office
Tor tire 'rm OF twelve wears. unln.,
sooner removed iu tho nau1or nr.-
scubod by dis Constitution. C,eeut tIat
tho Judges i'm onlCo " hen thi, srtlcl,
takes effect shall remain therein until
tho expiration of their present form Of
otlicc.
3, IL shall h1vo original jurisdiction I'm
all crsc, Of hubc,ty cOFyJAs. Huu,ui,Dl,,, ana
prohibition. 1t shall have appol,,to
Jurisdiction in civil cases Wheio tho mat
tor IN controversy, exclusive Of cost, is
81 CRATER value or amuInt than ono hun
drcd dollars; in controversies concern
ing tho title or boundaries Of land. the
probate u wills, tho appointment or
qualification of a person representa-
i've, guardian, committee or curator: or
q A
landing or the right Of corporation or
county to levy tolls or taxes, and ai.J i'm
cases OF IItO 'CdJJUlttD, htJots cOlDlLs. gu,,,l-
"t"tuS, 'tFt'0rU't and prohibition, and in
cases INVOLVING freedom or the cunstitu-
tlohalty oi "a law. 1t shall have appcl~
lalc jurisdiction in criminal cisos where
III re has been conviction for felony or
ml'deineanor in circuit court, and
where conVi;tion has been had in any
inferior court and been affirmed in cir~
CUT court, ana IN cases relating TO the
Pupllc reNohue, the right OF appeal shlll
bclohS 20 tho STATE aS well ~ The doicnd
ant, and such other appellate jurisdic-
uoh, IN ppth civil and criminal cases, as
may ne pcrscnboi by law.
L. No decision rendered by tho su .
pleIe court OF appeals shall he consid .
crei rs binding authority up IN any OF
inc interior courts OF this state, except
IN INC particular case decided, unless
such decision IS concurred in by at least
three Judges Of said court.
D. when a Judgment OF decree is re-
NcIScu or atllrmcu by Tie supreme cuu ri
OF appeals, every point fairly arising up-
on the record of the case ~hIll bo "onsid-
eyed aud decided aud tho reasons
lholcior shall be conciSely stated i'm yri~
uhg"ud preserved with tho record OF the
case and 1t shall be the duty OF tho
court to prepare syliabns of the points
",L'Juulca, .t III Glch case concurred in by
be nrrtix nJ To Tie nuhljsLC1 r",'m't 9'i ,I
noso i0' Va 'i'o
g. A writ of error s,,Dcyec,y,,,s ,,..,.,
rcaI Shall no allowed only hy Tia 'i
nron,e cn,rt or or,,c,Is -, ,,r,,II,, -
i,nnn nrtItion essi,,rip" n,!,l,. '' ~, tp''
Judgment or proceedinus of thc iir,.,i.,,.
court. and Then only after slid con-, w.,
iud,,r shall have oy,u,iued .nJ 49,.
cred the record and aasi,rint,,, ,r ,,.,.r,,.
and is satisfied that there i, cr,,. T., 81. y
same or tliat n ri.nscnts a pnint ,,,,,,'I,.
for the consideration of Tho su,,.I,,a
court of appeals.
7 If from any cause a vacancy sb ~
occurin tho supreme CONT of ,,rrn',r
the Governor shall issuen writ ~ - -
ton To- fill such vacancy nt t,o u,>,t ,..,.
crnl election tor tho leSibno of tba t,,,.'
and i'm tho mcantine ho shorI I'm s','.i,
vacancy bv appointmont for thr u,,NNyI
pjrcu term.
4, Tie officers of the snnrcrno c,,,, ,,,
appeals, cxccpt lie reportar Shall H." NJ, W.
pointed by the court, or, i'm vacation hv
the Judges fin ,r.of with no,v,n. ar 49,.
moVd; their duties and ,nmners,ti,,n
shall he prescribed Nv In,v
q There Shall hc at least ,,,.,, ,o.,,,.
tho supreme court of nnnc,Is hcIJ o,,,,,,
ally, ri sucn times aud 'nIoree a MOI, I'o
prescribed by law.
S,,,,,,,r ..
C4NOyII COURTS.
10 me state shall ho divided into thr-
teeh cll cuts. For tho circuit hcrcin
Hler called the hrst, two judges Shall
nc elected, ana for each of the other cirS
cuts one Judge shall be elected by the
voters thereof Each OF the Judges 80
elected shall holi his Office for the term
OF eight years, unless sooner removed i'm
inc malncr prescribed in this constitu,
uuH, Inc Judges OF the circuit courts in
once Whcn Tins article takes effect shall
roman therein unll the expiration Of the
'Gihl Ior Whl'h they have boon elected in
me circuits lu which thoY may respective
~ reside, unless soon removed as azores
sad a vacancy IN the Office Of# Judge OF
mo circuit court shall be iiiledin the same
manner as Is provided Tor i'm any case OF
vacancy Ih INC Once OF judge OF the
supreme court OF appeals. During his
coH|huahc, m Office the jndgc of cir
oT's I" ,l si''l reside ia the circuit OF
Whlch me Is ia 90. The business of the
uISt circuit may he appprtiOuGd bc,wecn
the Judges thereof, and such judges MAY
noinH courts lh INC same county or in
inherent counties within the circuit at
tho S"Ihe lhie or nj dilcnt times, as may
Dt p'cothDtu ~ law,
~ y CIRCUIT courI shall be hCiG an
.N'Iy county Ih the state Ht least three
uiuo' Iil C''n year anu provisions may
"C "i"I' ny III" ior holding special terms
"i H'u court n Judge "i any circuit
"',s n1'u ,lo cout,S lh another circuit.
l@' INC 'lIculi Court snail haEe the
=" ItIN i0iph anu control oiall proceedings
uoioIt JuNuce5 ana other inferior tribu-
n''7' ~ M,""""'"s, prohibition and cc,~
XIX NY 9'd,l except lu ca 60 cons