
    State ex rel. Top Rock Bottling Company, A Corporation v. Hereford, Judge, Circuit Court, Putnam County, et al.
    
    (No. 12090)
    Submitted January 11, 1961.
    Decided January 31, 1961.
    
      Palmer & Elkins, J. Campbell Palmer, III, for relator.
    
      Cletus B. Hanley, for respondents.
   Browning, Judge:

In this original proceeding in prohibition petitioner seeks to prohibit the respondent judge from proceeding further in the civil actions of Holbrook v. Top Rock Bottling Company, a Corporation, which cases were removed to the Circuit Court of Putnam County by the Judge of the Common Pleas Court of Kanawha County under the purported authority of Code, 56-9-1, as amended. That section provides for the removal of a case for good cause shown “if pending in a circuit court, to any other circuit court, and if pending in any court of limited jurisdiction heretofore mentioned to the circuit court of that county: * *

Under this statute the only court to which these cases could have been removed is the Circuit Court of Ka-nawha County. The writ must be awarded.

Writ awarded.  