Norris v. County Court Of Cabell County, No. 7286.
| Court | Supreme Court of West Virginia |
| Writing for the Court | WOODS |
| Citation | 163 S.E. 418 |
| Parties | NORRIS, Justice of the Peace. v. COUNTY COURT OF CABELL COUNTY et al. |
| Docket Number | No. 7286. |
| Decision Date | 08 March 1932 |
163 S.E. 418
NORRIS, Justice of the Peace.
v.
COUNTY COURT OF CABELL COUNTY et al.
No. 7286.
Supreme Court of Appeals of West Virginia.
March 8, 1932.
1. "Clear legal right of the relator in mandamus to have performance of the act he seeks to coerce performance of, and plain duty to perform it, on the part of the respondent, are essential to the award of the writ." State ex rel. Smith v. County Court, 78 W. Va. 168, 88 S. E. 662, 20 A. L. R. 1030.-
2. The decision of a question involving the constitutionality of an act is one of the gravest and most delicate of the judicial functions, and, while the court will meet the question with firmness where its decision is indispensable, it is the part of wisdom, and a just respect for the Legislature renders it proper, to waive it if the case in which it arises can be decided on other points.
Original proceeding in mandamus by Harry A. Norris, Justice of the Peace, against the County Court of Cabell County and others.
Writ of mandamus denied.
W. C. Perry, O. J. Deegan, and Connor Hall, all of Huntington, for relator.
L. W. Blankenship and J. P. Eaton, both of Huntington, and John T. Simms, of Charleston, for respondents.
WOODS, J.
By this proceeding in mandamus, a justice of the peace of Cabell county seeks to compel the county court of said county to pay a number of fee bills, totaling $526.75, which theretofore had been presented to the prosecuting attorney for examination and found correct.
Under Code 1931, 7-5-15, 50-17-14, and 60-2-8, relator's right to collect fees to which he is entitled under Code 1931, 50-17-11, is dependent upon fines collected by him and turned over to the sheriff to be credited to the former's special account under the "general school fund." However, relator seeks payment under the last-cited provision, claiming that the first three are violative of the Federal and State Constitutions.
The decision of a question involving the constitutionality of an act is one of the gravest and most delicate of the judicial functions, and, while the court will meet the question with firmness where its decision is indispensable, it is the part of wisdom, and a just respect for the Legislature renders it proper, to waive it if the case in which it arises can be decided on other points.
The relief is sought under Code 1931, 50-17-11, as an embodiment of the prior long-existing law. However, Code 1923, chapter 137, § 19, not only provided that "every justice shall be entitled...
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Mohr v. County Court of Cabell County, No. 11094
...801; Woodyard Publications, Inc. et al. v. Lambert, 112 W.Va. 22, 163 S.E. 858; Norris v. County Court of Cabell County, 111 W.Va. 692, 163 S.E. 418; and State, etc. v. County Court of Lewis County, 110 W.Va. 533, 158 S.E. 790. The opinions in those cases refer to and are based upon a statu......
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State v. Heston, No. 10471
...130 W.Va. 246, 43 S.E.2d 214; State v. Garner, 128 W.Va. 726, 38 S.E.2d 337; Norris v. County Court of Cabell County, 11 W.Va. 692, 163 S.E 418; State ex rel. Motor Finance Corp. v. Jackson, 95 W.Va. 365, 121 S.E. 162; Ice v. County Court of Putnam County, 91 W.Va. 272, 112 S.E. 495; State ......
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Lingamfelter v. Brown, C. C. No. 747.
...very point is necessary to the determination of the case." Edgell v. Conaway, 24 W.Va. 747. See Norris v. County Court, 111 W. Va. 692, 163 S.E. 418; Bates v. State Bridge Comm., 109 W.Va. 186, 153 S.E. 305; State ex rel. Cosner v. See, W.Va, 42 S.E.2d 31. A statute is presumed to be in acc......
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Lingamfelter v. Brown, (CC747)
...very point is necessary to the determination of the case." Edgell v. Coriaway, 24 W. Va. 747. See Norris v. County Court, 111 W. Va. 692, 163 S. E. 418; Bates v. State Bridge Com., 109 W. Va. 186, 153 S. E. 305; State ex rel. Cosner v. See, 129 W. Va. 722, 42 S. E. 2d 31. A statute is presu......
-
Mohr v. County Court of Cabell County, No. 11094
...801; Woodyard Publications, Inc. et al. v. Lambert, 112 W.Va. 22, 163 S.E. 858; Norris v. County Court of Cabell County, 111 W.Va. 692, 163 S.E. 418; and State, etc. v. County Court of Lewis County, 110 W.Va. 533, 158 S.E. 790. The opinions in those cases refer to and are based upon a statu......
-
State v. Heston, No. 10471
...130 W.Va. 246, 43 S.E.2d 214; State v. Garner, 128 W.Va. 726, 38 S.E.2d 337; Norris v. County Court of Cabell County, 11 W.Va. 692, 163 S.E 418; State ex rel. Motor Finance Corp. v. Jackson, 95 W.Va. 365, 121 S.E. 162; Ice v. County Court of Putnam County, 91 W.Va. 272, 112 S.E. 495; State ......
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Lingamfelter v. Brown, C. C. No. 747.
...very point is necessary to the determination of the case." Edgell v. Conaway, 24 W.Va. 747. See Norris v. County Court, 111 W. Va. 692, 163 S.E. 418; Bates v. State Bridge Comm., 109 W.Va. 186, 153 S.E. 305; State ex rel. Cosner v. See, W.Va, 42 S.E.2d 31. A statute is presumed to be in acc......
-
Lingamfelter v. Brown, (CC747)
...very point is necessary to the determination of the case." Edgell v. Coriaway, 24 W. Va. 747. See Norris v. County Court, 111 W. Va. 692, 163 S. E. 418; Bates v. State Bridge Com., 109 W. Va. 186, 153 S. E. 305; State ex rel. Cosner v. See, 129 W. Va. 722, 42 S. E. 2d 31. A statute is presu......