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SIDNEY C. SMITH CORP. v. DAILEY

No. 10425.

67 S.E.2d 523 (1951)

SIDNEY C. SMITH CORP. et al. v. DAILEY, Judge, et al.

Supreme Court of Appeals of West Virginia.

Decided November 20, 1951.

Attorney(s) appearing for the Case

Arnold, Crawford & Hyer, Elkins, Pinsky & Mahan, Wellsburg, for relators.

Brown & Higginbotham, C. S. Kump, John F. Brown, and H. K. Higginbotham, all of Elkins, for respondents.

LOVINS, Judge.

This Court granted a rule in prohibition on the petition of Sidney C. Smith Corporation, Contractors' Supply Corporation, Sidney C. Smith, Sr., and Sidney C. Smith, Jr., who seek a writ prohibiting Honorable A. Jerome Dailey, Judge of the Circuit Court of Randolph County, Atlas Engineering Company, Sam G. Polino, A. R. Steele, and James Polino, respondents, from proceeding further in an action of assumpsit now pending in that court wherein it is charged...

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