This section contains the nature of the case and procedural background.

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).

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