Harmon v. Spurlock

Riley, Judge:

In this prohibition proceeding, the respondents, Claude Spurlock, a justice of the peace, and Theodore Allen seek the reversal of an order of the Circuit Court of Cabell County awarding a peremptory writ of prohibition, prohibiting them from proceeding with the trial of a civil action pending before said justice of the peace, instituted by Allen against the petitioner, V. L. Harmon.

Code, 56-6-35, provides: “In the trial of a case at law in which a writ of error or supersedeas lies to the court of appeals, * * * any party may avail himself of any error appearing on the record, by…