STATE EX REL. CAMDEN-CLARK MEM. HOSP. v. HILL

No. 25892.

517 S.E.2d 469 (1999)

205 W.Va. 236

STATE of West Virginia ex rel. CAMDEN-CLARK MEMORIAL HOSPITAL, a Municipal Corporation, Petitioner, v. Honorable George W. HILL, Judge of the Circuit Court of Wood County, and William Dempster, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 17, 1999.


Attorney(s) appearing for the Case

Jennifer Z. Cain, Esquire, Jackson & Kelly, Parkersburg, West Virginia, Thomas J. Hurney, Esquire, Jackson & Kelly, Charleston, West Virginia, Attorneys for Petitioner.

William L. Jacobs, Esquire, Parkersburg, West Virginia, Attorney for Respondent Dempster.


PER CURIAM:

In this original proceeding in prohibition, the relator, Camden-Clark Memorial Hospital, claims that it was not timely served with a summons and a copy of the complaint instituting a personal injury action in the Circuit Court of Wood County. The relator claims that the defect in service entitles it to a dismissal, and it prays that this Court issue a writ of prohibition prohibiting the respondent judge, who has refused to dismiss the action, from proceeding...

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