167 S.E. 620 | W. Va. | 1933
Noah Sheets seeks a writ prohibiting Bascum Ray, a justice of the peace of Cabell county, and L. B. Wiley, a constable, from collecting a certain judgment, in the sum of $100.00, rendered against him by said justice in favor of John D. McColum, on February 13, 1931.
An appeal was awarded petitioner on February 21, 1931, upon the filing of a bond in the penal sum of $200.00, and the transcript, together with said bond, transmitted to the clerk of the common pleas court of Cabell county, some time after June 10, 1931. On the last mentioned date, an act of the legislature (Acts 1931, chapter
Upon the perfecting of the appeal (February 21, 1931) the judgment was vacated, and the justice divested of any further jurisdiction over the case. Gorrell v. Willis,
Whether the clerk of the common pleas court may require the petitioner herein to advance the docket fee provided for by chapter
Writ awarded.