Newhart v. Pennybacker

Riley, Judge :

Under the original jurisdiction of this Court, L. D. Newhart and Daisy Newhart filed their petition praying for a writ of prohibition to prevent the enforcement of an.$850.00 judgment rendered January 26, 1938, by the Circuit Court of Wood County, in a proceeding on a note by notice of motion for judgment, wherein E. A. Grow, administrator of the estate of Daniel Rowell, deceased, was plaintiff, and petitioners herein were defendants.

The petition is filed on the theory that the judgment is void because it was not obtained in compliance with Chapter 89, West Virginia Acts of the…