Legal Opinion
State Ex Rel. Thomas v. Neal
West Virginia Supreme Court
Decided December 15, 1982No. 15647PublishedCited by 10 opinions
1Opinion of the Court
HARSHBARGER, Justice.
Relator Cheryle Thomas seeks a declaratory judgment and writ to prohibit Magistrate Neal from entering any judgments against her based on service of process by posting alone.
Ms. Thomas’ landlord filed a complaint for possession and past-due rent on June 7, 1982. The sheriffs return of process indicated service was achieved by posting a copy of the summons and complaint on her door. * She never received these papers and consequently never answered or appeared, prompting the magistrate to enter a default judgment.
On or about August 14, 1982, Ms. Thomas found a Writ of…
2Cases cited6 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Greene v. LindseySupreme Court of the United States · 1982
- State Ex Rel. Payne v. WaldenWest Virginia Supreme Court · 1972
- Sisler v. HawkinsWest Virginia Supreme Court · 1975
- GAVENDA BROTHERS, INC v. Elkins Limestone CompanyWest Virginia Supreme Court · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Federal Deposit Insurance v. Spartan Mining Co.District Court, S.D. West Virginia · 1983
- Cook v. DuncanWest Virginia Supreme Court · 1983
- In Re Charleston Gazette FOIA RequestWest Virginia Supreme Court · 2009
- Vanscoy v. NealWest Virginia Supreme Court · 1984
- Bailey v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1999
5 more not listed; retrieve them via the Exa API.