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STATE v. HOLBERT

C. C. No. 752.

58 S.E.2d 796 (1950)

STATE ex rel. ALDERSON v. HOLBERT et al.

Supreme Court of Appeals of West Virginia.

Decided March 7, 1950.

Dissenting Opinion April 14, 1950.

Attorney(s) appearing for the Case

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

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

GIVEN, Judge.

This action was instituted in the Circuit Court of Barbour County for recovery of money alleged to have been wrongfully paid to the defendant Boyd E. Holbert as salary for services as commissioner of the county court of that county. The defendant The Fidelity and Casualty Company of New York, a corporation, was surety on the official bond of Holbert. The bond recites that Holbert was elected such commissioner for a term beginning January 1, 1935, and...

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