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HIVELY v. MARTIN

No. 19692.

406 S.E.2d 451 (1991)

Edna V. HIVELY, Plaintiff Below, Appellee, v. Francis Kay MARTIN and Barbara Mays, Defendants below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 13, 1991.

Attorney(s) appearing for the Case

William Crichton V, Parkersburg, for Hively.

Michael C. Farber, Sutton, for Martin and Mays.

PER CURIAM:

This case is before us on appeal from a default judgment order entered against Francis Kay Martin and Barbara Mays, defendants below, in the Circuit Court of Wood County on May 4, 1989. The defendants ask us to set aside the default judgment and order a trial on the merits. Edna V. Hively, the plaintiff below, argues that the default judgment should stand. For the reasons stated below, we set aside the default judgment and remand for trial on the merits...

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