State ex rel. Sivnksty v. Duffield

Being of the opinion that the refusal of a writ of prohibition in this case virtually emasculates the principle relative to immunity of a litigant from the service of judicial prbeess in the circumstances here shown, I respectfully dissent.

The rule of immunity of a litigant in attendance upon a court from the service of judicial process is of ancient *118origin. Some authorities say that it existed in the reign of Edward the Confessor. Other authorities say that references were made to such rule in the Year Books of England as early as the reign of Henry VI. See Whited v. Phillips, 98 W. Va. 204,…