State Ex Rel. Atkinson v. Belcher

This is an original proceeding in Prohibition. On December 5, 1978, this Court issued a rule to show cause. The matter now comes on for hearing upon the petition and exhibits and note of argument, together with relator’s brief. The respondent has filed no pleadings.

After considering these matters the Court finds as follows:

An action was brought in the Magistrate Court of Kanawha County seeking to recover money from the relator. After an April 15, 1977 hearing the magistrate rendered a verdict in favor of the relator, who appeared pro se. The plaintiff, by counsel, appealed the magistrate…