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STATE EX REL. KERN v. SANTUCCI

No. 24131.

494 S.E.2d 911 (1997)

STATE of West Virginia ex rel. Ron KERN and Sandra Kern, Petitioners, v. Katherine SANTUCCI, Magistrate for Jefferson County, and Brian S. Riedmuller, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1997.

Attorney(s) appearing for the Case

Laura R. Rose, Mary E. Binns, Law Offices of Laura Rose & Associates, Martinsburg, for Petitioners.

MAYNARD, Justice:

In this original proceeding in prohibition the relators, Ron Kern and Sandra Kern, pray that this Court prohibit the respondent, who is a magistrate of the Jefferson County Magistrate Court, from blocking their appeal from, and from refusing to execute a stay of execution against, a judgment rendered against them. The relators claim that the respondent has wrongfully demanded that they post an $800.00 bond before allowing them to proceed with their...

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