Strachan v. Mutual Fire Insurance

Feeling that I am bound by the opinion in Barnes v. Warth, Judge, 124 W. Va. 773, 22 S. E. 2d 549, I am constrained to concur in the majority opinion in this case. The syllabus in that case reads:

“Under the provisions of Code, 56-4-56, a trial chancellor cannot enlarge the time for filing answer to a bill of complaint after a demurrer or plea thereto has been overruled, unless motion for such enlargement is made within fifteen days from the entry of the order overruling demurrer or plea.”

That holding is in conflict with point 1 of the syllabus in Hughes v. McElwee, 120 W. Va. 176, 197 S. E.…