Snodgrass v. Bd. Of Educ. Of Elizabeth Indep. Dist.., (No. 7407)
| Decision Date | 14 November 1933 |
| Docket Number | (No. 7407) |
| Citation | 114 W.Va. 305 |
| Court | West Virginia Supreme Court |
| Parties | Osa Snodgrass v. Board of Education of ElizabethIndependent District et al. |
Certiorari
Under the provisions of Code, 53-3-3, circuit courts, upon certiorari to inferior tribunals, are authorized to review matters of both law and fact and to dispose of the case "as law and justice may require". When, after judgement on certiorari in the circuit court, a writ of error is prosecuted in this court to that judgment, a decision of the circuit court on the evidence will not be set aside unless it clearly appears to have been wrong.
Error to Circuit Court, Wirt County.
Certiorari proceedings by Osa Snodgrass against the Board of Education of Elizabeth Independent District and others. To review an adverse judgment, the defendants bring error.
Affirmed.
J. H. Smith and A. G. Mathews, for plaintiffs in error.
. Raymond Gordon and Wm. Bruce Hoff, for defendant in error.
On January 19, 1932, charges were preferred against Osa Snodgrass, a teacher in Elizabeth Independent District of Wirt County, under the provisions of section 6, article 7, chapter 18 of the Code,. The board of education, after a protracted hearing, on February 3, 1932, sustained the charges and immediately dismissed the teacher. On May 7, 1932, the circuit court of Wirt County awarded a writ of certiorari under the provisions of section 2, article 3 of chapter 53 of the Code, and the proceeding was removed to that court. Upon a review by the circuit court of Wirt County, the finding of the board of education was set aside and the teacher ordered to be re-instated.
The function of certiorari has been considerably expanded by the statute, under the terms of which (Code, 53-3-3), it is provided "that circuit courts shall, in addition to determining such questions as might have been determined upon a certiorari as the law heretofore was, review such judgment, order or proceeding, of the county court, council, justice or other inferior tribunal upon the merits, determine all questions arising on the law and evidence, and render such judgment or make such order upon the whole matter as law and justice may require.'' This means that the circuit court shall enter such judgment as the inferior court should have entered, not only in consideration of questions of law but of fact as well. Humphreys v. Monroe County Court, 90 W. Va. 315, 110 S. E. 701. It is therefore seen that...
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...on the evidence will not be set aside unless it clearly appears to have been wrong.” Syl., in part, Snodgrass v. Bd. of Educ. of Elizabeth Indep. Dist., 114 W.Va. 305, 171 S.E. 742 (1933). 7. Where the West Virginia Department of Health & Human Resources provides notice of an overpayment to......
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...is plainly abused, this court cannot interfere there with."). See also Syllabus, in part, Snodgrass v. Board of Educ. of Elizabeth Indep. Dist., 114 W.Va. 305, 171 S.E. 742 (1933) ("When, after judgment on certiorari in the circuit court, a writ of error is prosecuted in this court to that ......
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Board of Educ., Lincoln County v. MacQueen
...Virginia Code § 53-3-3 (1981 Replacement Vol.), the circuit court, in effect, takes the matter de novo. See Snodgrass v. Board of Education, 114 W.Va. 305, 171 S.E. 742 (1933). In Syllabus Point 4 of North v. Board of Regents, 160 W.Va. 248, 233 S.E.2d 411 (1977), we summarized the scope of......
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Harrison v. Ginsberg
...of W.Va.Code § 53-3-3 in Humphreys v. County Court of Monroe County, 90 W.Va. 315, 110 S.E. 701 (1922), and Snodgrass v. Board of Education, 114 W.Va. 305, 171 S.E. 742 (1933). Humphreys involved review by writ of certiorari of a county court decision. In Humphreys we held that on review by......