State Ex Rel. Mitros v. Morris

"Woods, Judge:

Arthur Mitros and Nick Polios, tenants of one Samuel Boiven, haying had a judgment rendered against them in an unlawful detainer action before H. B. Clay, a justice of Ka-nawha county, sitting for S. Y. Morris, a justice of said-county, now seek, by prohibition, to prohibit the execution of a writ of possession and an execution for damages for the property’s detention, on the grounds (1) that the justice had no jurisdiction over the matter in controversy; (2) that his judgment was conditional, and therefore void, and (3) that Code 1931, 50-1-14, does not authorize the…