Zimmerman v. Town of New Martinsville

Kenna, Judge:

This is a certified case from the Circuit Court of Wetzel County in which J. A. Zimmerman and Elmer Fawcett, plaintiffs, and F. F. Frazee, intervening petitioner, seek to enjoin the sale and delivery of $64,000.00, par value, of the municipal bonds of the town of New Martinsville. There was a demurrer to the bill as well as to the intervening petition, both of which were overruled, and upon the defendants filing their answers, demurrers to them were filed and were sustained. The questions certified arise upon the sufficiency of the bill of complaint and intervening petition and…