# Frye v. Miley

> West Virginia Supreme Court · December 5, 1903 · 54 W. Va. 324

URL: https://www.frixlaw.com/law-library/cases/8175384

## Case

- **Full name:** Frye v. Miley
- **Court:** West Virginia Supreme Court
- **Decided:** December 5, 1903
- **Citations:** 54 W. Va. 324; 46 S.E. 135; 1903 W. Va. LEXIS 128
- **Precedential status:** Published
- **Opinion:** Dissent by Miller
- **Judges:** Brannon, Miller, Poeeeistbarger
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8175384

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8175384. Public record. Not legal advice.