Baggs v. Freiberger

Browning, Judge:

The summons in the instant action of trespass on the case was issued returnable to the first Monday in September, 1953. The first Monday, which was September 7, 1953, was a legal holiday, to wit, Labor Day, and Tuesday, September 8,1953, was the first day of the September term of the Circuit Court of Wetzel County. The defendant appeared specially, and moved to quash the writ on the ground that the writ, being returnable to a day which was not a rule day, is void. The court overruled the motion, and, on its own motion, certified the questions arising thereon.

The points…