STATE STATUTES & CODES

WEST VIRGINIA STATUTES AND CODES

CHAPTER 53. EXTRAORDINARY REMEDIES

• §53-1-1 When writ of prohibition lies as matter of right.
• §53-1-2 Jurisdiction of writs of mandamus and prohibition; by whom rule to show cause or peremptory writ issued.
• §53-1-3 Application for mandamus or prohibition.
• §53-1-4 Contents of petition.
• §53-1-5 When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable.
• §53-1-6 How defense made; reply; amendments.
• §53-1-7 Adjournment.
• §53-1-8 Award or denial of writ; costs.
• §53-1-9 Suspension of proceedings where prohibition applied for.
• §53-1-10 Certification of proceedings in vacation; entry in order book.
• §53-1-11 Service of writ; how obedience to writ enforced.
• §53-1-12 Distribution of levy under mandamus to satisfy judgment against a political subdivision.
• §53-2-1 In what cases quo warranto awarded.
• §53-2-2 Application for writ.
• §53-2-3 Award of writ; signing and attestation; bond.
• §53-2-4 Information in the nature of writ of quo warranto.
• §53-2-5 Service of writ or summons.
• §53-2-6 Judgment when defendant fails to appear; defendant may have judgment set aside and make defenses where service by publication; pleading where defendant appears.
• §53-2-7 Verdict; judgment; costs; attorney's fee.
• §53-2-8 Receivership for property of dissolved corporation.
• §53-3-1 Jurisdiction.
• §53-3-2 When certiorari lies.
• §53-3-3 Contents of record; removal of record to circuit court; review.
• §53-3-4 Award of certiorari in vacation; habeas corpus in aid thereof.
• §53-3-5 Stay of proceedings on judgment or order removed by certiorari -- Bond.
• §53-3-6 Same -- Duration.
• §53-4-1 When and by whom writ granted.
• §53-4-2 To whom writ directed; return of writ.
• §53-4-3 Bond may be required of petitioner.
• §53-4-4 Service of writ.
• §53-4-5 Penalty for disobeying writ.
• §53-4-6 When affidavits may be read as evidence.
• §53-4-7 Judgment.
• §53-4-8 Facts proved may be made part of record.
• §53-4-9 Powers of judge in vacation.
• §53-4-10 Judgment conclusive; exception.
• §53-4-11 Revision of judgment by supreme court of appeals.
• §53-4-12 Disposition of prisoner and proceedings pending writ of error.
• §53-4-13 Writs of habeas corpus ad testificandum.
• §53-4A-1 Right to habeas corpus for post-conviction review; jurisdiction; when contention deemed finally adjudicated or waived; effect upon other remedies.
• §53-4A-2 Petition; contents thereof; supreme court may prescribe form of petition, verification and writ; duties of clerk.
• §53-4A-3 Refusal of writ; granting of writ; direction of writ; how writ made returnable; duties of clerk, attorney general and prosecuting attorney.
• §53-4A-4 Inability to pay costs, etc.; appointment of counsel; obtaining copies of record or records in criminal proceedings or in a previous proceeding or proceedings to secure relief; payment of al
• §53-4A-5 Service of writ.
• §53-4A-6 Return; pleadings; amendments.
• §53-4A-7 Denial of relief; hearings; evidence; record; judgment.
• §53-4A-8 Powers of judges or judge in vacation.
• §53-4A-9 Judicial review; disposition of petitioner pending appeal.
• §53-4A-10 Construction; repeal.
• §53-4A-11 Severability.
• §53-5-1 Injunction for protection of property.
• §53-5-2 Forthcoming bond may be required where removal of property from state enjoined.
• §53-5-3 In what courts bill brought.
• §53-5-4 General jurisdiction of judge to award injunction.
• §53-5-5 Injunction by judge of supreme court of appeals.
• §53-5-6 Injunction by circuit court or judge where award thereof refused by court of limited jurisdiction.
• §53-5-7 To what clerk order for injunction directed.
• §53-5-8 Equity of plaintiff to be shown by affidavit or otherwise; notice to adverse party; hearing after injunction awarded or denied; certification of questions; appeals.
• §53-5-9 Injunction bond.
• §53-5-10 How surety in forthcoming bond may obtain additional security.
• §53-5-11 Dissolution of injunction in vacation.
• §53-5-12 Damages on dissolution; liability of sureties on forthcoming bond.
• §53-5-13 Dismissal of bill for injunction.
• §53-6-1 Special receiver -- Appointment generally; bond; notice of application for appointment.
• §53-6-2 Same -- Appointment by order of supreme court of appeals or judge thereof in vacation.
• §53-6-3 Same -- Accounting.
• §53-7-1 Order for arrest -- Affidavit; grounds for arrest.
• §53-7-2 Same -- By whom made; plaintiff to give bond.
• §53-7-3 Same -- Issuance; form.
• §53-7-4 Arrest and commitment unless bond given by defendant.
• §53-7-5 To whom bond of defendant may be given; return and filing thereof.
• §53-7-6 Discharge of defendant or bond.
• §53-7-7 Interrogatories to defendant in custody; discharge of defendant.
• §53-7-8 Conveyance or other disposition of property.