Bartrom v. Howard

Kenna, President:

This rule in prohibition was issued upon the petition of Shelby Bartrom alleging, in part, a similar state of facts as that involved in the proceeding of Dorothy Harshbarger against A. B. Cowgill, the opinion in which has just been handed down. In the Harshbarger proceeding, this Court stated that Chapter 74 of the Acts of the Legislature of 1939 limits the costs that may lawfully be assessed by a justice of the peace in a garnishee execution proceeding to a total of five dollars and the cost of a constable to one dollar and fifty cents. Here, the costs of the justice are…