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ANDERSON v. GEORGE

No. CC898.

233 S.E.2d 407 (1977)

Frederick E. ANDERSON v. James GEORGE.

Supreme Court of Appeals of West Virginia.

Concurring Opinion March 29, 1977.

Attorney(s) appearing for the Case

Orville L. Hardman, Parkersburg, for plaintiff.

Harry G. Deitzler, Parkersburg, for defendant.

NEELY, Justice:

This certified question arises out of a detinue action which Frederick E. Anderson brought in the Circuit court of Wood County to recover possession of approximately fifty head of his cattle seized and held by James George, Deputy Sheriff and designated Humane Officer of Wood County. James George filed a Motion to Dismiss in the trial court, claiming that W.Va.Code, 7-10-4 [1923]

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