Legal Opinion

Carlton v. Herndon

West Virginia Supreme Court

Decided October 30, 1917PublishedCited by 6 opinions

Prohibition by J. J. Carlton against I. C. Herndon, Judge, and others.

1Opinion of the Court

Pofeenbarger, Judge :

The petitioner, a husband and parent, seeks a writ of prohibition to prevent the enforcement of a judgment rendered against him, in. a non-support proceeding, by the Circuit Court of Mercer County, on an appeal from the judgment of a justice. He proceeds upon the theory of lack of power and jurisdiction in the court which rendered the judgment, to héar and determine the accusation of non-support made against him, because the statute under which the proceeding-*220was instituted, was repealed before the judgment was rendered. •

The proceeding was commenced before a justice of…

2Cases cited4 opinions

  1. State v. HardenWest Virginia Supreme Court · 1907
  2. Hasson v. City of ChesterWest Virginia Supreme Court · 1910
  3. Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
  4. French v. BennettWest Virginia Supreme Court · 1911

3Cited by6 opinions

  1. State v. EastonWest Virginia Supreme Court · 1998
  2. ABOD v. CommonwealthSupreme Court of Virginia · 1977
  3. State ex rel. Lockhart v. RogersWest Virginia Supreme Court · 1950
  4. Gibson v. BechtoldWest Virginia Supreme Court · 1978
  5. State v. SanneyWest Virginia Supreme Court · 1922

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