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STATE v. GARVIN

No. 12085.

117 S.E.2d 521 (1960)

STATE ex rel. J. M. GARNER v. Honorable Charles L. GARVIN, Jr., etc. et al.

Supreme Court of Appeals of West Virginia.

Decided December 20, 1960.

Attorney(s) appearing for the Case

J. M. Tully, Summersville, for relator.

Charles L. Garvin, Jr., Judge of Circuit Court of Nicholas County, Fayetteville, Brooks B. Callaghan, Richwood, for respondents.

BERRY, Judge.

This is an original proceeding in prohibition in this Court, brought in the name of the State of West Virginia at the relation of J. M. Garner against the Honorable Charles L. Garvin, Jr., Judge of the Circuit Court of Nicholas County, West Virginia and the Western Maryland Railway Company, a corporation, presented on November 29, 1960, and in which a rule to show cause was granted returnable December 6, 1960.

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