STATE v. ELLIS

No. 12438.

142 S.E.2d 63 (1965)

STATE ex rel. Walter VARNEY, an Infant, etc., v. Claude ELLIS, Justice of the Peace, Logan District, Logan County, West Virginia.

Supreme Court of Appeals of West Virginia.

Decided May 18, 1965.


Attorney(s) appearing for the Case

Phillips & Wilson, Amos C. Wilson, Logan, for relator.

C. Donald Robertson, Atty. Gen., Simon Bailey, Leo Catsonis, Asst. Attys. Gen., Charleston, for respondent.


CAPLAN, Judge.

This is an original proceeding in prohibition instituted in this Court in the name of the State of West Virginia at the relation of Walter Varney, an infant, who sues by his next friend, Jennings Varney. On March 8, 1965 this Court granted a rule to show cause, which rule was made returnable April 27, 1965. On the latter date the respondent filed an answer and a motion to confess error, together with a memorandum of authorities. This matter was then...

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