Meredith v. Shakespeare

Miller, Judge:

While the principal case was pending here on appeal by plaintiff from the decree below against him, later decided, 96 W. Va. 229, the defendant by a proceeding begun by petition, without naming parties, and notice addressed, not to plaintiff or his father and next friend, but to “Terence D. Stewart and William E. Glasscock, of the firm of Glasscock and Glasscock, attorneys at law,” but served only on said Stewart, obtained a judgment or decree, not against the plaintiff, Jamison Meredith, according' to the prayer of the petition, but against “James A. Meredith, the nest friend…