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STATE v. DAUGHERTY

Nos. 10498, 10499.

77 S.E.2d 338 (1953)

STATE ex rel. BALTIMORE & O. R. CO. v. DAUGHERTY et al. (two cases).

Supreme Court of Appeals of West Virginia.

Decided March 24, 1953.

Dissenting Opinion September 16, 1953.

Attorney(s) appearing for the Case

George S. Wallace, George S. Wallace, Jr., Huntington, W. Va., for plaintiffs in error.

Daugherty & Daugherty, Huntington, for defendants in error.

LOVINS, Judge.

These actions of debt were brought to this court by writs of error to judgments of the Circuit Court of Cabell County. The State of West Virginia, who sued for the use and benefit of the Baltimore and Ohio Railroad Company, a corporation, brought two actions of debt, one against Duncan W. Daugherty, administrator of the estate of Josephine M. Stringer, and the Aetna Casualty and Surety Company, a corporation, the surety on such administrator's bond...

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