# Board of Church Extension v. Eads

> West Virginia Supreme Court · December 21, 1976 · 159 W. Va. 943

URL: https://www.frixlaw.com/law-library/cases/9565380

## Case

- **Full name:** Board of Church Extension and Home Missions of the Church of God, Inc. v. Percy Eads, Et Al., as Trustees of the Gilboa Church of God and Rosetta King, as Pastor, Etc.
- **Court:** West Virginia Supreme Court
- **Decided:** December 21, 1976
- **Citations:** 159 W. Va. 943; 230 S.E.2d 911; 1976 W. Va. LEXIS 220
- **Precedential status:** Published
- **Opinion:** Concurrence by Caplan
- **Judges:** Neely, Caplan, Flowers
- **Cited by:** 19 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/9565380

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9565380. Public record. Not legal advice.