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
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Terms Used In West Virginia Code > Chapter 53 > Article 1 - Prohibition and Mandamus

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.