80 W. Va. 290 | W. Va. | 1917
The jurisdiction of this court to entertain this writ of error to a judgment of the court of common pleas of Kanawha county is challenged by a motion to dismiss the same - as having been improvidently awarded. The court of common pleas of Kanawha county is a court of limited jurisdiction created by chapter 109 of the Acts of the Legislature of 1915. Section 22 of said act is as follows: “Any party aggrieved by the judgment, decree or order of the court of common pleas as to any matter in which an appeal or writ of error shall lie to the circuit court under section seventeen of this act, may, if the matter be one of which the supreme court of appeals has jurisdiction, present his petition with a transcript of the record, to the supreme court of appeals, or to a judge thereof in vacation, for an appeal, writ of error and super-sedeas, without having first presented the same to the circuit court or the judge thereof; and the supreme court of appeals may award and proceed with the same in like manner and with like effect as in the case of a judgment, decree or order of the circuit court.”
The power of the legislature to pass this section of the act is challenged upon the theory that the same is in violation of sections 12 and 19 of article 8 of the Constitution. Section 12 of article 8 of the Constitution is as follows: “The circuit court shall have the supervision and control of
Section 19 of that article provides for the creation of courts of limited jurisdiction, and is as follows: ‘ ‘ The Legislature may establish courts of limited jurisdiction within any county, incorporated city, town or village, with the right of appeal to the circuit court, subject to such limitations as may be prescribed by law; and all courts of limited jurisdiction heretofore established in any county, incorporated city, town or village, shall remain as at present constituted until otherwise provided by law! The municipal court of Wheeling shall continue in existence until otherwise provided by law, and said court and the judge thereof, shall exercise the powers and jurisdiction heretofore conferred upon them; and appeals in civil cases from said court shall lie directly in the supreme court of appeals.”
It is contended that in as much as the jurisdiction of all eases, civil and criminal, where an appeal, writ of error or supersedeas may be allowed to the judgments or proceedings of any inferior tribunal, 'is in the circuit courts, by virtue of section 12, article 8 of the constitution, it is not competent for the legislature to abridge this jurisdiction so conferred upon the circuit courts and confer it in whole or in part upon another court" or tribunal. Undoubtedly under the provisions of section 39 of article 8 of the constitution above quoted the legislature had the power to create a court of limited jurisdiction for Kanawha county such as was created
In Public Service Electric Co. v. Board of Public Utilities, 88 N. J. L. 603 (96 Atl. 1013), it was held that the legislature could not impair the jurisdiction of a constitutional court by preventing its exercise or creating a cor-ordinate authority.
In Attorney General v. Lacy, 180 Mich. 329, an act creat
The holding was the same in the case of State v. Mansfield, 89 Ohio St. 20; State ex rel. Cave v. Tincher, 258 Mo. 1; Nichols v. Judge of Superior Court, 130 Mich. 187; Allen v. Kent Circuit Judge, 37 Mich. 474; McDermont v. Dinnie, 6 N. D. 278; Pate v. Railroad Co., 122 N. C. 877; In the Matter of the Assignment of Judges to Hold District Courts, 34 Ohio St. 431; Commonwealth v. Green, 58 Pa. St. 226; In re Division of the Township of Bern, 115 Pa. St. 615; DeHart v. Hatch, 3 Hun. 375; People v. Howland, 45 N. Y. Supp. 347; Alexander v. Bennett, 60 N. Y. 204; Schalk v. Wrightson, 58 N. J. L. 50; Johnson v. State, 59 N. J. L. 535.
In the case of Flanigan v. Guggenheim Smelting Company, 63 N. J. L. 647, it was held that the legislature could not confer upon the Court of Errors and Appeals of the State of New Jersey jurisdiction which was conferred upon the supreme court by the constitution. The supreme court in the State of New Jersey corresponds with our circuit courts, and the Court of Errors and Appeals is the court of last-resort, so that that case presented a question similar to the one presented here.
In Zander v. Coe, 5 Cal. 231, it was held that it was not competent for the legislature to confer on one court any of the jurisdiction conferred on another by the constitution.
That section 12 of article 8 of the constitution confers upon circuit courts jurisdiction to review by appeal, writ of error or certiorari, judgments, decrees, or proceedings of all inferior courts, and particularly such courts as may be created by the legislature under section 19 of that article, is clear. There is no authority in the constitution empowering the legislature to confer this jurisdiction upon any other court, or to permit its coordinate exercise by another tribunal. This being true, the circuit court of Kanawha county
The motion to dismiss the writ of error herein is sustained.
Writ of error dismissed.