Eary v. Comer

Lively, Judge.-

By this rule in prohibition, Thomas Eary seeks to prevent Tip Comer, a justice of the peace, and Stewart Harrah, constable, both of Mountain Coye District, Fayette County, West Virginia, and Signal Knob Coal Company from further proceeding to collect a judgment for $7.85 and costs rendered against him by said justice in favor of said Coal Company on January 19, 1929, on which execution was later issued to said constable, and levied by him.

Petitioner Eary, while admitting that the justice had jurisdiction of the subject matter of the suit (action for price of goods sold and…