Barber v. Neal

Woods, Judge :

Baxter Barber, relator, seeks, by mandamus to compel Rudd T. Neal, a justice of the peace of Cabell county, to vacate an order of dismissal in a case in which relator was plaintiff and Emmet Hutchinson, defendant, and to hear and decide the same.

Barber and Hutchinson, both residents of Wayne county, on June 4, 1933, while driving their respective automobiles in Cabell county, suffered a collision, whereby both ears were damaged. On June 13th, Hutchinson instituted an action against Barber in the circuit court .of Wayne county for damages. And on June 26th, Barber instituted an…