State Ex Rel. Peck v. Goshorn

Caplan, Chief Justice:

In this original proceeding in prohibition the petitioner, Denzil F. Peck, seeks to prohibit the enforcement of a judgment entered against him in the Circuit Court of Kanawha County. Also sought to be prohibited is the garnishment of his wages pursuant to the aforesaid judgment.

The petitioner was sued in the magistrate court of Kanawha County for the balance allegedly due on an account. The plaintiffs in that action were represented by counsel before the magistrate. The defendant appeared in person without counsel. At the conclusion of the hearing a judgment was entered…