STATE EX REL. SVINKSTY V. DUFFIELD
137 W.Va. 112, 71 S.E.2d 113 (1952)
NATURE OF THE CASE: This was an action for a petition for a writ of prohibition in a
personal injury action.
FACTS: Svinksty's (D) car struck and injured two children in West Virginia. D was a
nonresident. D was arrested for reckless driving and incarcerated in the county jail until
his trial three days later. In jail, D was served with process for a tort action by one of
the children. D appeared in that action and filed a plea in abatement; the court had no
jurisdiction because he was in jail at the time and a nonresident. The trial court sustained
a demurrer to that plea and D petitioned for a writ of prohibition. (D was convicted of the
criminal charge).
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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