Cole v. Pond Fork Oil & Gas Co.

Fox, Judge:

This case comes to this Court on certification by the Circuit Court of Kanawha County on its own motion, and involves the constitutionality of Chapter 127, Acts of the Legislature, 1939, now incorporated in Michie’s Code 1943 as Section 2j of Article 13 of Chapter 11. The circuit court sustained a demurrer to a notice of 'motion filed by the plaintiffs, and therefore the plaintiff below has the affirmative in this Court, and the parties hereto occupy the same relative positions in which they stood in the court below, and will be'referred to as such.

On March 18, 1924, Albert H. Cole…