Tsutras v. Farrar

Maxwell, Judge :

The circuit court awarded a rule in prohibition on petition of relator (Tsutras), who seeks to prevent the enforcement of a judgment rendered against him in favor of respondent, Can-tees, by respondent Farrar, a justice of the peace of Mingo County. Upon a hearing on the merits, the court dismissed the proceeding. • Writ of error was awarded relator.

At the basis of the matter lies a disputed question of fact as to whether the parties to the action of Cantees v. Tsutras, when pending before the justice, agreed, upon submission of the case for decision after evidence taken and…