W. Va. Code » §53-5-4. General jurisdiction of judge to award injunction.
West Virginia Code

W. Va. Code § 53-5-4 (2026)

General jurisdiction of judge to award injunction

✓ current as of May 2026
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ARTICLE 5. INJUNCTIONS.

§53-5-4. General jurisdiction of judge to award injunction.

Every judge of a circuit court shall have general jurisdiction in awarding injunctions, whether the judgment or proceeding enjoined be in or out of his circuit, or the party against whose proceeding the injunction be asked reside in or out of the same.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1987–2023 · leading case: Meadows ex rel. Prof'l Employees of the West Virginia Educ. Ass'n v. Hey, 399 S.E.2d 657 (W. Va. 1990).
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Meadows ex rel. Prof'l Employees of the West Virginia Educ. Ass'n v. Hey, 399 S.E.2d 657 (W. Va. 1990). · cites it 12× “A positive legislative enactment is found in W.Va. Code § 53-5-4 (1981), which provides the general jurisdiction necessary for a judge to issue an injunction: Every judge of a circuit court shall have general jurisdiction in awarding injunctions, whether the judgment or…”
H.O. Anderson, Inc. v. Rose, 352 S.E.2d 541 (W. Va. 1987). “However, the facts presented in the present case are distinguishable from those present in Keystone. In Keystone, the appellant did not seek an extension from the circuit court under West Virginia Code § 58-5-4 and Rule 3(a), nor was an enlargement of time to appeal sought from…”
Meadows on Behalf of Prof. Emp. v. Hey, 399 S.E.2d 657 (W. Va. 1990). · cites it 13× “Code § 53-5-4 (1981), which provides the general jurisdiction necessary for a judge to issue an injunction: Every judge of a circuit court shall have general jurisdiction in awarding injunctions, whether the judgment or proceeding enjoined be in or out of his circuit, or the…”
St. Paul Fire & Marine Ins. Co. v. AmerisourceBergen Drug Corp. & Bellco Drug Corp. v. Ace Am. Ins. Co. & Ace Prop. & Cas. Ins. Co., 868 S.E.2d 724 (W. Va. 2021). · cites it 3× “West Virginia Code § 53-5-4 (1923) provides: Every judge of a circuit court shall have general jurisdiction in awarding injunctions, whether the judgment or proceeding enjoined be in or out of his circuit, or the party against whose proceeding the injunction be asked reside in…”
Roland F. Chalifoux, Jr., D.O., individually & Roland F. Chalifoux, Jr., D.O., PLLC d/b/a Valley Pain Mgmt. Clinic v. West Virginia Dep't of Health & Human Resources, West Virginia Bureau of Pub. Health, Letitia Tierney, M.D., J.D., individually & in her former capacity as West Virginia Comm'r & State Health Officer, West Virginia Bd. of Osteopathic Med., & Diana Shepard, individually & in her capacity as Exec. Dir. for the West Virginia Bd. of Osteophatic Med. (W. Va. 2023). · cites it 2× “See W. Va. Code § 53-5-4 (1923). This relief served only to assess the immediate 16 In particular, the BOM defendants argued below that Chalifoux was “afforded due process and had an extensive hearing related to the merits of the summary suspension”—ostensibly referring to the…”
Myra Kay Reilley, Adm'r of the Est. of Francis E. Reilley & Myra Kay Reilley, Individually v. The Bd. of Educ. of the Cnty. of Marshall, 874 S.E.2d 333 (W. Va. 2022). “18 Count six of the Amended Petition sought injunctive relief requiring the removal of the embankment and bridge carrying Duck Lane, pursuant to West Virginia Code § 53-5-4 (1923), which provides that “[e]very judge of a circuit court shall have general jurisdiction in awarding…”
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