Volume 91 — West Virginia Reports

Action by J. J. Conway against G. W. Bailey and others, in which there was a directed verdict for the defendants, and plaintiff brings error.

Proceeding by the State of West Virginia against Annie M. and E. C. Douglas for writ of scire facias on a recognizance of bail, in which E. W. Brake was the principal. From an order in favor of the State, defendants bring error.

<p>Petition by tbe City of Huntington against the Public Service Commission and another for suspension of an order.</p>

<p>Error to Circuit Court, Ohio County.</p> <p>Action by J. J. P. O’Brien and others against Leo Pope and another. Judgment for plaintiffs and defendants appeal.</p>

<p>1. Pleading — Declaration of Insured Upon Insurance Policy in Statutory Form Not Demurrable Because Blank Form of Assignment Has Been Filled in and Signed by Insured.</p> <p>A declaration filed by the insured upon an insurance policy, in the statutory form, is not demurrable merely because the ■blank form of assignment of the policy has been filled in and signed by the insured, since no' valid assignment is thus shown, which by the terms of the policy w©uld render it void. (p. 595).</p> <p>2. Same — Special Replication to Demurrer to Declaration Unknown to Common Law and Should be Rejected.</p> <p>A special replication to a demurrer interposed to a declaration is unknown to the common law system of pleading, and when offered, should be rejected, (p. 596).</p>

<p>Error to Circuit Court, Ohio County.</p> <p>Action by Ralph L. Prager against City of Wheeling. Prom a judgment for plaintiff, defendant brings error.</p>

<p>Error to Circuit Court, Ohio County.</p> <p>Action by Ray Sole against Samuel Kindelberger. From an order setting aside the verdict of tbe jury and awarding defendant a new trial, plaintiff brings error.</p>