82 W. Va. 492 | W. Va. | 1918
This is an application to this court for a writ of prohibition against the execution of two alleged judgments for costs rendered in the circuit court of Doddridge county. The relator here instituted a chancery suit in the circuit court of Doddridge county to subject to sale the real estate of Glen B. Ringer, in satisfaction of the liens against it, the process in which was returnable to May rules, 1918. Besides the said Glen B. Ringer there were a number of other defendants to the bill, creditors having liens against his real estate, among them being the respondent West Union Grocery Company. At May rules plaintiff did not file her bill, and the West Union Grocery Company took a rule requiring her to plead. At June rules the plaintiff dismissed her suit and paid the costs accrued. At the same time the judgment lien in favor of the West Union Grocery Company was fully paid off and discharged, a receipt executed in full therefor, and a release of the lien likewise executed. At a subsequent day, but during the June rules, the clerk entered an order in the ease of Anua. F. Ringer against Glen B. Ringer and others, re
Again, the statute provides for the award of costs to the
But how about the judgment for costs on the motion made to quash the execution? Was this an authorized judgment? This motion to quash the execution, as is shown by the record in this case, was simply an opportunity given to the circuit court to correct its records. It did not involve the hearing of any matter outside of the record. It was equivalent to a motion to correct the record for error apparent upon the face of it. As was said by Judge Poefenbarger in Bice v. Telephone Co., 62 W. Va. 521, and again by Judge Miller,
It follows that the writ of prohibition prayed for will be awarded with costs to the relator against the respondent West Union .Grocery Company.
Writ awarded.