STATE EX REL. THOMAS v. NEAL

No. 15647.

299 S.E.2d 23 (1982)

STATE ex rel. Cheryle THOMAS v. Honorable Jack NEAL, Judge, Magistrate Court, etc.

Supreme Court of Appeals of West Virginia.

December 15, 1982.


Attorney(s) appearing for the Case

John Paul Kemp, West Virginia Legal Services, Huntington, for relator.

John L. Cummings, Pros. Atty., Huntington, for respondent.


HARSHBARGER, Justice.

Relator Cheryle Thomas seeks a declaratory judgment and writ to prohibit Magistrate Neal from entering any judgments against her based on service of process by posting alone.

Ms. Thomas' landlord filed a complaint for possession and past-due rent on June 7, 1982. The sheriff's return of process indicated service was achieved by posting a copy of the summons and complaint on her door.* She never received these...

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