Cochran v. Sommerville

Woods, Judge:

Howe P. Cochran and Harry Schwartz seek a writ of prohibition restraining the judge of the circuit court of Ohio county from entering any order other than a final decree in a certain chancery cause in which they are plaintiffs and Wheeling Mould & Foundry Company, a Deleware corporation, and Wheeling Mould & Foundry, a West Virginia corporation, are defendants, on the theory that a demurrer to the bill had been overruled, and that by virtue of Code 1931, 56-4-56, no answer having been filed within the time therein required, a default decree goes as a matter of course.

The bill,…