Newman v. Bailey

In Newman v. Bailey, 124 W. Va. 705, 22 S.E.2d 280 (1942), it was contended that mandamus, being an extraordinary remedy, was not within the purview of then W. Va. Code 14-2-3 (1941). The Court rejected the contention stating: "Originally, mandamus was an extraordinary prerogative writ. Subject to some qualifications a mandamus in modern practice is now considered an action at law between the parties. Fisher v. City of Charleston, 17 W. Va. 595; State ex rel. Matheny v. County Court, 47 W. Va. 672, 35 S.E. 959. While the use of the word 'suit' in Code 14-2-3, may be inept, we think that, considering the section as a whole, the statute applies to actions at law, as well as suits in equity, and that venue of this proceeding a petition for a writ of mandamus filed in the Circuit Court of Wetzel County is in Kanawha County." (Newman, 124 W. Va. at 708, 22 S.E.2d at 282.)