expressly overruling a precedent deep within a lengthy footnote, a fact not overlooked in the concurring and dissenting opinions therein
How later courts described this case
- expressly overruling a precedent deep within a lengthy footnote, a fact not overlooked in the concurring and dissenting opinions therein
Written by the judges who cited it.
The opinion
Caplan, Justice,
concurring:
While I concur in the result reached by the majority, I would not have overruled any part of Brady v. Reiner, 157 W. Va. 10 , 198 S.E.2d 812 (1973). I believe it is improper to overrule a case in a footnote, it being my thought that if such action is to be taken, it should be done in the body of the opinion. Furthermore, I would not have encumbered the opinion with what I consider unnecessary dicta.