Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-07
SOME INTERESTING POINTS
Raised by Petition for Prohibition, Filed
In the Circuit Court, Yesterday.

Raised by Petition for ProhlDuion, rueu
in the circuit Court, Yesterday.
A petition for a writ OF prohibition
was filed in the Circuit Court, yester-
day, upon which rule to show cause
why writ should not issue was order
ed, which brings to the surface some in
teresting points.
The matter grows out OF attachment
proceedings brought by NELL 81 Filing
ham, wholesale grocers, and the rules
issued were served by Deputy Sheriff
Yesterday. upon Justice George Ankle,
William Lauchlin, constable, and the
firm of Neill g. Ellingham, heretofore
mentioned.
The petition, filed by ]. E. Taussig,
on behalf OF the Terminal Railway Com
pany, sets forth that sometime in 1892
Neil & Ellingham brought suit against
Sumner Cochran before Justice Ankle,
and issued an attachment against the
Terminal Railway Company. On De-
cember II, 1892, afflant made answer
for the Terminal Company, garnishee,
that it was not indebted TO said Coch-
ran, but that on the same day, Decem-
Der II, 1892, Justice Ankle made an en-
try on his docket sin the following
words, which entry is both untrue and
unintelligible:
~ E. Taussig answers for garni-
shee the defendant is in their employ as
toll collector at the time Of service more
property of the Company than would
pay the amount of the attachment and
that the defendants salary is S45 per
MONTH
rs" This answer was taken under con-
sIderation.
The petition then proceeds to state
that "No action was taken by the JUS
tice within twenty-four hours, but on
December 81, 1892, the said Justice
| made the following entry:
latter due consideration 1t is con-
sidered and ordered that the said gar
nishee pay over the sum OF s. at the
time OF service to be applied first to the
costs OF the attachment, and the re-
mainder to the discharge OF the judg'
ment against defendant
1.-The said Railroad Company is ad
vised that the last mentioned entry !:
void and OF no effect, because it wa:
not made until more than twenty-foul
hours after the trial upon answer OF the
garnishee. and because no amount wa
stated therein.
"That the last mentioned entry re
NAMED until some time unknown Il
said Railroad Company or affiant, bu
which affiant says was more than |
month after the making Of the las
mentioned entry, when said Justice
without right or authority, aud in vic
lation OF his duty and Of the statute law
of this State. altered the record Of TIT
said entry upon his docket by writing
in the blank therein the figures sci. so.
THAT such alteration, proceeding
and entry by said Justice are, IS thu
said Railroad Company is advised, voit
and of no effect. Notwithstanding
this. the said Justice has assumed 10 lie
sue an execution upon the said entry
noting 1t SIS q judgment, aud has direct
ed such execution to William Laughlin
a constable, and placed it in his hands
and the said Laughlin has assumed Il
levy said execution upon the propert.
of said Railroad Company
| Upon this state of facts the rules 4
show cause why prohibition should no
issue were issued yeste rday, and servel
upon the parties named.