State ex rel. Emery v. Rodgers

Lovins, Judge:

This original proceeding in mandamus was instituted by Robert L. Emery, Jr. and Emery’s Motor Coach Lines, Incorporated, a corporation, for the purpose of obtaining a writ of mandamus requiring the Honorable Decatur H. Rodgers, Judge of the Circuit Court of Berkeley County, West Virginia, to obey a mandate of this Court, issued pursuant to the opinion filed in the suit of Emery’s Motor Coach Lines, against Mellon National Bank and Trust Company, 136 W. Va. 735, 68 S. E. 2d 370; and to set aside an order made by the Circuit Court of Berkeley County quashing an execution issued…