Opinion

Board of Church Extension v. Eads

  • 159 W. Va. 943
  • 230 S.E.2d 911
  • 1976 W. Va. LEXIS 220
Court
West Virginia Supreme Court
Filed
Dec 21, 1976
Status
Published
Author
Caplan
On the bench
Neely, Caplan, Flowers
Cited by
19 cases
Authority
More cited than 5.8%

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.

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.