Legal Opinion

Pennsylvania R. R. v. Rogers

West Virginia Supreme Court

Decided March 21, 1903PublishedCited by 36 opinions

Writ of error ancl supcrsodects to Circuit Court, Ohio County. Action by Pennsylvania Railroad Company against W. W. Rogers, el ats. Judgment for defendants and plaintiff brings error.

1Opinion of the Court

PoEEEJsTBARGER, JUDGE:

This case involves the consideration of questions arising upon the invocation of the extraordinary legal remedy, prohibition, in restraint of the special and limited proceeding, known as garnishment. As prohibition lies only to restrain a court or other tribunal from proceeding without jurisdiction, or in excess of its jurisdiction, and as attachment is a purely statutory proceeding, the questions presented are, principally, jurisdictional in character, and perspicuity demands an inquiry into the nature of both proceedings. This should be preceded, however, by a…

2Cases cited29 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
  2. Den v. HuffTennessee Supreme Court · 1847
  3. Mahany v. KephartWest Virginia Supreme Court · 1879
  4. Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
  5. Buzard & Hilliard v. McAnulty & MostyTexas Supreme Court · 1890

24 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. St. Louis Southwestern Railway Co. v. GriffinTexas Supreme Court · 1914
  2. Cole v. Randall Park Holding Co.Court of Appeals of Maryland · 1988
  3. Vicksburg, Shreveport & Pacific Ry. v. DeBowSupreme Court of Georgia · 1919
  4. Canaday v. Superior CourtSupreme Court of Delaware · 1955
  5. Simmons v. SimmonsWest Virginia Supreme Court · 1919

31 more not listed; retrieve them via the Exa API.

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