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STATE v. HOLBERT

No. CC753.

56 S.E.2d 114 (1949)

STATE ex rel. ALDERSON v. HOLBERT et al.

Supreme Court of Appeals of West Virginia.

Decided November 1, 1949.

Attorney(s) appearing for the Case

Wm. T. George, Sr., Philippi, for plaintiff.

Frank G. Kittle, Philippi, Paul B. Ware, Philippi, for defendants.

KENNA, Judge.

The State of West Virginia on the relation of George P. Alderson, State Tax Commissioner, for the use and benefit of the County Court of Barbour County, brought this action in assumpsit in the Circuit Court of Barbour County against Boyd E. Holbert, Andy Booth and M. J. Gainer as ex-commissioners of the Barbour County Court. Upon sustaining the several demurrers of the defendants to the declaration and overruling demurrers to the several pleas under...

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