Tomlinson v. Cunningham

Woods, Judge:

Upon complaint before W. E. Clayton, justice of the peace of Marshall county, Mrs. Ella Tomlinson, pursuant to section 16c (2), Chapter 144, West Virginia Cumulative Statutes, procured a warrant for the arrest of her husband, Alfred D. Tomlinson, charging that he did wilfully neglect and refuse to provide for the support and maintenance of his two children, both under the age of 16 years, in destitute and necessitous circumstances. At the hearing Tomlinson moved to quash the warrant and complaint, which motion was overruled. Evidence was then taken on behalf of complainant.…