MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The motion papers in this case present the following facts:
On the 17th of September, 1881, A.E. White, as administrator of the estate of John D. White, sued the Chesapeake and Ohio Railroad Company in the Circuit Court of Greenbrier County, West Virginia. The summons was returnable on the first Monday in October, and on that day a declaration was filed. On the filing of the declaration an order was...
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