Persinger v. Edwin Associates, Inc.

Flowers, Justice:

The subject matter of this appeal from a judgment of the Circuit Court of Kanawha County involves the constitutionality of the attachment-garnishment procedures embodied in Article 7, Chapter 38 of the West Virginia Code. The sole issue to be determined is whether these statutory procedures comply with federal and state due process guarantees.

The issue arose from a civil action instituted by Albert Persinger, doing business as Albert’s Welding Service, against Edwin Associates, Inc., a corporation, to recover $20,776 for equipment and labor furnished the defendant…