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TRUGLIO v. JULIO

Nos. 16016, 16021.

322 S.E.2d 698 (1984)

Maryann TRUGLIO and Frances Truglio v. John Julio and Linda JULIO. Maxie FINNEGAN v. Patsy BECKLEHIMER.

Supreme Court of Appeals of West Virginia.

November 14, 1984.

Attorney(s) appearing for the Case

Paula K. Silver, Wellsburg, for appellants in No. 16016.

John L. Allen and Helen Campbell Altmeyer, Bachmann, Hess, Bachmann & Garden, Wheeling, for appellees in No. 16016.

John L. Hash, Huntington, for appellant in No. 16021.

W. Stephen Flesher, Flesher & Flesher, Huntington, for appellee in No. 16021.

NEELY, Justice:

These two cases are consolidated in this opinion because they present similar issues that concern the res judicata effect of magistrate court judgments. The appellant in Finnegan v. Becklehimer, Mrs. Finnegan, attempted to dismiss her cause of action in magistrate court, after her hearing, but before judgment was rendered, in order to begin the action anew in circuit court. In Truglio v. Julio the appellants, Maryann and Frances...

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