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Tickle v. Barton

Supreme Court of Appeals of West Virginia
95 S.E.2d 427 (W.Va. 1956)


Facts

Richard Tickle (plaintiff), an infant, brought suit in the Circuit Court of McDowell County through his next friend for injuries he sustained when he was hit by Raymond Barton’s (defendant) car. Barton was served by a sheriff at a banquet Barton was attending in McDowell County, purportedly giving the Circuit Court of McDowell County personal jurisdiction over Barton. Barton, however, claimed that he was tricked into attending the banquet by Tickle’s attorney. Barton claimed that Tickle’s attorney called him and convinced him to attend the banquet—which might have been of some interest to Barton’s son, but which Barton had not known of and had not planned to attend—with the veiled intent of getting Barton into McDowell County so he could be served. Despite Barton asking Tickle’s attorney to identify himself on the phone, the attorney declined to do so. Tickle objected to Barton’s claim. The Circuit Court of McDowell County overruled the demurrer and certified its ruling to the Supreme Court of Appeals of West Virginia.

Rule of Law

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Issue

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Holding and Reasoning (Haymond, J.)

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Dissent (Given, J.)

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