State Ex Rel. Shawver v. Casto

I would award the writ ás to the second and third judgments, but deny it as to the first.

The record clearly discloses that the first judgment was fully satisfied, final payment thereon having been obtained by way of suggestee execution. To permit a plain*804tiff to obtain judgment, collect the same in full and then return to court and contend that his judgment is void, is to permit abuse of' process of the court. I find nothing in the statutes requiring or permitting any such action. In Bodley v. Archibald, 33 W. Va. 229, 10 S. E. 392, Point 2, syllabus, this Court held: “Where a claim for an…