State ex rel. Shamblin v. Dostert
In State ex rel. Shamblin v. Dostert, 163 W.Va. 361, 255 S.E.2d 911 (1979), the Circuit Court of Berkeley County directly interfered with the order of the Circuit Court of Nicholas County on the matter of the right to satisfaction of a judgment protected by the West Virginia Code.
In Syllabus Point 2 of Shamblin, the Court held:
"W.Va.Const., art. 8 1, W.Va.Const., art. 8 3, and W.Va.Const., art. 8 6 when read together provide an orderly and exclusive system by which errors of circuit courts may be corrected only by the West Virginia Supreme Court of Appeals and not by other circuit courts. One circuit court may not directly or indirectly interfere with the orders of another circuit court unless specifically provided by statute or civil rule regardless of how erroneous such orders may be."
The Court wrote:
"In this original proceeding the petitioner, J. W. Shamblin, seeks to prohibit the respondent judge of the Circuit Court of Berkeley County from interfering with service of the lawful process of the Circuit Court of Nicholas County. We can conceive of no power by which one circuit court may interfere with the process or orders of another circuit court regardless of how erroneous or imperfect those orders or process may be; therefore, we award the writ." (Id. at 362, 255 S.E.2d at 912.)