| W. Va. | Dec 5, 1911

Miller, Judge:

The court below having in disregard of these well grounded rules sustained defendant’s demurrer to the declaration and to each count thereof, and dismissed plaintiff’s action, the judgment below must be reversed and the case remanded to that court to be there further proceeded with in accordance with these principles, and further according to the rules and practices governing courts of law. Judgment reversed and case remanded.

Reversed and Remanded.

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