Herold v. Maloney

Riley, Judge:

This is a proceeding in prohibition instituted in the circuit court of Nicholas County by Lizzie Herold and Elmer Herold, petitioners, against M. J. Maloney, justice of the peace, C. T. Sweeney, constable, and Joseph A. Hughes, trustee in bankruptcy, respondents, for the purpose of prohibiting respondents from proceeding further in a certain civil action theretofore brought before said justice by respondent Hughes, trustee, against the petitioners, Lizzie and Elmer Herold. To a judgment awarding a writ of prohibition, the respondents prosecute error.

The issues before this Court…