Whited v. Phillips

HatcheR, Judge:

On the 21st day of September, 1923, the defendant was served in Roane County with a sumjmons in an action of trespass on the case in assumpsit. The defendant filed several pleas to the declaration, demurrers to which were sustained by the Circuit Court of Roane County, which, on its own motion, certified here the questions arising on the demurrers to the pleas.

The pleas differ in some respects, but for the purposes here, they may be considered together. The material facts which they allege are as follows:

That the defendant is a non-resident of the State of West Virginia, and is…