State Ex Rel. Bika v. Ashworth

Haymond, Judge:

This proceeding in mandamus originated in this Court because of the refusal of the Judge of the Circuit Court of Raleigh County, by order entered May 23, 1945, in a civil action therein pending on appeal, to grant the motion of relator, made at that time, to enter judgment in his favor to the same effect and for the same amount as the judgment rendered by the justice and for the costs of the appeal, against respondents Tony Pauletto and Constantino Gara, who signed the appeal bond. The action in which the appeal was pending in said court from the judgment of a justice of the…