State Ex Rel. Alkire v. Mili

Maxwell, Judge :

This is a writ of error to an order of the circuit court of Barbour County setting aside a judgment which had been rendered at the same term.

The matter was first heard before a justice of the peace who rendered judgment for $300.00, interest and costs, in fayor of the plaintiff, State of West Virginia at the relation of W. E. Alkire, against the defendants, Toni Mili and Louie Picalo. The defendants took an appeal to the circuit court October 20, 1930. The matter there lay dormant until January 29, 1934, when a judgment by default was rendered in favor of plaintiff against the…