State v. Memorial Gardens Development Corp.

Ducker, Judge:

The plaintiff, State of West Virginia, instituted this suit against the defendant, Memorial Gardens Develop*183ment Corporation, a West Virginia corporation, in the Circuit Court of Monongalia County, seeking to enjoin the defendant from violating the provisions of Chapter 153 of the Acts of the Legislature of West Virginia, Regular Session, 1955 (Michie’s Code 47-14). Defendant filed its answer and cross bill to which plaintiff demurred. The court overruled plaintiff’s demurrer to defendant’s answer and cross bill, and upon the joint application of the parties certified to this…