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LAMBERT v. PETERS

No. 10926.

103 S.E.2d 788 (1958)

Jerome LAMBERT, Plaintiff Below, M. O. Litz, Intervening Petitioner Below, Mabel Litz, Executrix of the Estate of M. O. Litz, Deceased, Appellant, v. Dollie PETERS et al., Defendants Below, Dollie Peters, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 10, 1958.

Attorney(s) appearing for the Case

H. D. Rollins, J. Edward Litz, Charleston, for appellant.

No appearance for appellee.

DUCKER, Judge.

M. O. Litz filed an intervening petition in the chancery cause of Jerome Lambert against Dollie Peters, pending in the Circuit Court of Lincoln County, West Virginia, praying for the allowance of a reasonable attorney's fee in that suit which was for the partition of certain real estate in which Dollie Peters had an interest. The trial court directed an issue out of chancery and entered judgment in favor of the defendant, the verdict of the jury having...

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