State v. Warner

HARSHBARGER, Justice:

A suggestee execution was filed against Murlena Allison on January 24, 1973 for $108.36. On February 12, garnishment of her wages began and her garnisheed wages were paid to defendant George Warner, justice of the peace, in satisfaction of her indebtedness. She filed exemption schedules with Warner’s constable, authorized by W.Va.Code, 38-8-3, specifically listing her wages to be exempt, on March 8, and again on March 15, 1973, but her schedules were refused. The final debt repayment was made from Allison’s wages on April 16.

Allison sued the justice, the constable and…