MITCHEM v. MELTON

No. 15136.

277 S.E.2d 895 (1981)

Terry Paul MITCHEM v. G. Kemp MELTON, etc.

Supreme Court of Appeals of West Virginia.

May 12, 1981.


Attorney(s) appearing for the Case

John Paul Kemp, Marshall & St. Clair and James W. St. Clair, Huntington, for appellant.

Jack Kessler, Asst. Pros. Atty., Kanawha County, Charleston, for appellee.


MILLER, Justice:

The principal issue on this appeal is the trial court's ruling that precluded the appellant from proceeding as a class action under Rule 23 of the West Virginia Rules of Civil Procedure. A collateral question is whether an order denying class status under Rule 23 is an appealable order.

The basis for the trial court's rejection of the class status was that it conceived the appellant's suit as a writ of habeas corpus. The court reasoned that...

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