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    • Legislation USA
    • West Virginia Code
    • Chapter 53. Extraordinary Remedies
    • Article 1. Prohibition and Mandamus
    • §53-1-1. When Writ of Prohibition Lies as Matter of Right

    West Virginia Code
    Article 1. Prohibition and Mandamus
    §53-1-1. When Writ of Prohibition Lies as Matter of Right

    The writ of prohibition shall lie as a matter of right in all cases of usurpation and abuse of power, when the inferior court has not jurisdiction of the subject matter in controversy, or, having such jurisdiction, exceeds its legitimate powers.

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    Structure West Virginia Code

    West Virginia Code

    Chapter 53. Extraordinary Remedies

    Article 1. Prohibition and Mandamus

    §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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