182 S.E. 538 | W. Va. | 1935
The petitioner seeks to prohibit the enforcement of two orders entered by the respondent as special judge of the circuit court on June 7 and 28, 1935, respectively, in the cause of Branchland Pipe Supply Co. v. King, Trustee, et al. The petitioner alleges lack of jurisdiction to enter the orders. *547
A decree had been entered in the Branchland cause at a special term of the court held on March 16, 1934, adjudicating liens on certain real property and directing its sale. The property was sold April 28, 1934, the sale and the report of commissioners thereon were confirmed May 26, 1934, and the cause omitted from the docket May 31, 1934. The order of June 7, 1935, set aside the decree of March 16, 1934, and the subsequent proceedings auxiliary thereto. The order of June 28, 1935, directed a resale of the property.
The respondent would justify the orders of June 7 and 28, 1935, on the ground that no notice of the decree entered at the special term (March 16, 1934) was given by the plaintiff to the interested parties, and that a local court rule required such notice.
The law is settled in this jurisdiction that courts have inherent power to establish such a rule as the one herein (so essential to the administration of justice), that the rule has the effect of law, and that a judgment rendered in violation thereof "is properly set aside upon motion of the party injuriously affected thereby." Star Piano Co. v. Burgner,
The writ is accordingly awarded.
Writ awarded.