Barnes v. Warth

Lovins, Judge:

Relators filed their petition in this Court, praying for a peremptory writ of mandamus directed to Honorable H. Clay Warth, Judge of the Common Pleas Court of Cabell County, Zetta V. Cross and Walter G. Wittenborn, requiring the Judge of the Common Pleas Court to set aside and vacate an order giving certain defendants in the chancery cause of Barnes et al v. Cross et al. opportunity to make answer to the amended bill of complaint therein, and to enter a final decree on the'allegations of the amended bill.

The controlling facts are not disputed. Barnes and his co-plaintiffs in the…