Municipality of Cowen Ex Rel. Proudfoot v. Greathouse

Haymond, Judge:

Upon this certificate the question of the legal sufficiency of the declaration is involved. The Circuit Court of Webster County, West Virginia, in which this action was instituted, sustained the demurrer of the defendants to the declaration of the plaintiff, the Town of Cowen, a municipal corporation in that county, which sues at the relation of R. N. Proudfoot and, on joint motion of the parties, certified its ruling to this Court.

The action is to recover the stated penalty of $3,500.00 in a written instrument, alleged to be a bond, executed by the defendant Ed Greathouse,…