Swope v. Pageton Pocahontas Coal Co.

Lovins, Judge:

This action of assumpsit was instituted in the Circuit Court of McDowell County, West Virginia, by W. B. Swope, Virginia Swope, Earl B. Eads, and Hazel Eads against Pageton Pocahontas Coal Company. By stipulation the case was submitted to the court on written avowals of the parties. Upon consideration of the avowals the trial court found for the defendant, entered a judgment of nil capiat, and on petition of plaintiffs a writ of error to that judgment was granted by this Court.

The record herein discloses no reason for joinder of Virginia Swope and Hazel Eads as parties…