Opinion

Frye v. Miley

  • 54 W. Va. 324
  • 46 S.E. 135
  • 1903 W. Va. LEXIS 128
Court
West Virginia Supreme Court
Filed
Dec 5, 1903
Status
Published
Author
Miller
On the bench
Brannon, Miller, Poeeeistbarger
Cited by
20 cases

The opinion

Miller, Judge,

(dissenting.)

I do not agree to the fourth point in the syllabus. It is the duty of the trial court to pronounce, and have entered on its *335 record, proper decrees and judgments in cases before it. Parties to the action or suit have no legal control of this duty, and should not be held responsible for a failure therein. If such an error be committed in this respect that it can be corrected only by this Court, on appeal or writ of error, the party injured, who is compelled to apply for such correction, should be allowed his costs, occasioned thereby. This should be the rule in such case, because the erroneous decree or judgment is entered, presumably at the instance of the party, who recovers costs, and who would be benefited by such erroneous decree or judgment, should the same be permitted to stand.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.