Hayhurst v. Hayhurst

Hatcher, Judge:

This is the second time an appeal in this case has been prosecuted in this court. Upon the former appeal a decree of the- circuit court of Marion County, rendered on July 3, 1911, in fayor of the plaintiffs for $1,080.58, was reversed for the reason that Millie Hayhurst, the widow of defendant James B. Hayhurst, had not-been made a party. The decision of this court thereon was rendered February 4, 1913, and is reported in 71 W. Va. 735, which see for the proceedings had in the cause prior to the first appeal.

After the case was remanded to the circuit court, to-wit, at August,…