Lykens v. Jarrett

Fox, Judge:

Proceeding under Code, 55-7-5, Sadie M. Lykens, ancillary administratrix of the estate of Maxine Wilburn Collier, instituted her action of trespass on the case against S. Clyde Jarrett and Edgar C. Bourne, in the Circuit Court of Kanawha County. The defendants filed their plea of not guilty, and on the issue joined, the court proceeded to try the case before a jury. At the conclusion of the plaintiff’s evidence, the court and counsel retired to the court’s chambers, where, out of the presence of the jury, a motion was made by counsel for the defendant, S. Clyde Jarrett, that a…