Nicola v. Williams

Miller, Judge:

In this action of trespass on the case, counsel for the defendant appeared specially and moved the trial court to quash the summons and return. The order of the court ruling on the motion recites: “It is therefore considered by the Court that said summons be quashed, and said suit dismissed, to which action of the Court the plaintiff, by his attorney, excepts ; and the Court thereupon, upon its own motion, certifies this cause to the Supreme Court of Appeals of West Virginia, for its decision upon the sufficiency of said summons and return. ’ ’

The order of the circuit court…