Hambrick v. Spalding

Maxwell, Judge:

In the court of common pleas of Kanawha County this action of damages for the alleged wrongful death of plaintiff’s decedent, Lee Allen Hambriek, resulted in a directed verdict for the defendant, and a judgment of nil capiat. The circuit court affirmed the judgment. We awarded writ of error to the circuit court’s.action.

For preliminary determination is the question of jurisdiction of the court of common pleas, which question is raised by a plea in abatement filed at October Rules, 1933, and a special plea filed April 9, 1934, upon issue joined whereon the court found for the…