43 W. Va. 595 | W. Va. | 1897
McDonald being a commissioner of the County Court of Kanawha County, a proceeding was instituted in the circuit court of that county by a number of its citizens to remove him from office, and he asked of this Court a writ of prohibition to restrain that court from going on with the case. The theory on which his case is here put is that chapter 48, Acts 1897, allowing a proceeding in the circuit court for his removal, is no law, because repugnant to section 4, Art. IX, of the State Constitution, which is as follows : “The president of the county courts, the justices of the peace, sheriffs, prosecuting attorneys, clerks of the
The case raises the question whether prohibition lies. I think it does not. Writ of error would lie to final judgment. It makes no difference that the jurisdiction of the circuit court rests on whether the act is constitutional, for that court has to pass on the constitutionality of the act, because it involves its own jurisdiction, just as it has to pass on any other law question in the case. County Court v. Boreman, 34 W. Va. 362 (12 S. E. 490). I speak on this point for myself only, other members of the Court thinking it unnecessary to decide the question. The Court, regarding said act of 1897 as constitutional, re
Denied.