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Tickle v. Barton

Supreme Court of Appeals of West Virginia

95 S.E.2d 427 (W.Va. 1956)

Relevant factsFree

Barton (defendant) was served with process at a banquet in McDowell County, West Virginia, but claimed Tickle's attorney had specifically called and convinced him to attend an event Barton hadn't known of or planned to attend, refusing to identify himself even when Barton asked, all with the concealed purpose of luring Barton into the county to be served. The circuit court overruled Tickle's demurrer challenging this fraud claim, and the ruling was certified to the state's highest court.

IssueFree

Whether service of process obtained by inducing a defendant to come into the court's jurisdiction solely for the purpose of serving him is valid.

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