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BAGGS v. FREIBERGER

C. C. No. 814.

85 S.E.2d 841 (1955)

Mary E. BAGGS v. Lloyd FREIBERGER.

Supreme Court of Appeals of West Virginia.

Decided March 1, 1955.

Attorney(s) appearing for the Case

Sam E. Schafer, Wheeling, for plaintiff.

Joseph R. Curl, Wheeling, for defendant.

BROWNING, Judge.

The summons in the instant action of trespass on the case was issued returnable to the first Monday in September, 1953. The first Monday, which was September 7, 1953, was a legal holiday, to wit, Labor Day, and Tuesday, September 8, 1953, was the first day of the September term of the Circuit Court of Wetzel County. The defendant appeared specially, and moved to quash the writ on the ground that the writ, being returnable to a day which was not a...

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