Joseph v. National Bank of West Virginia

Lovins, Judge:

This action, a notice of motion for judgment, was instituted in the Circuit Court of Ohio County by Albert C. Joseph, who had qualified in the State of Ohio as executor of the last will and testament of Esther Toth, a resident of the State of Ohio at the time of her death. The defendant demurred to the notice, which demurrer the court sustained, and of its own motion and on joint application of the parties, the ruling was certified to this Court.

The plaintiff avers that the defendant bank is indebted to him in the sum of $3,537.64, including interest, by reason of a certain…