# Stevens v. Saunders

> West Virginia Supreme Court · December 9, 1975 · 159 W. Va. 179

URL: https://www.frixlaw.com/law-library/cases/9567733

## Case

- **Full name:** Daniel Stevens and Maxine Stevens v. Robert Saunders
- **Court:** West Virginia Supreme Court
- **Decided:** December 9, 1975
- **Citations:** 159 W. Va. 179; 220 S.E.2d 887; 1975 W. Va. LEXIS 253
- **Precedential status:** Published
- **Opinion:** Dissent by Neely
- **Judges:** Haden, Neely, Flowers
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in Frantz v. Palmer.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9567733

## How later opinions describe it (automated extraction)

- affirming dismissal on ' statute of limitations grounds where cost bond not obtained until after period of repose had run
- affirming dismissal on statute of limitations grounds where cost bond not obtained until after period of repose had run

## Opinion text

Neely, Justice,
dissenting:
I must respectfully dissent from the majority holding in this case based upon my view regarding frivolous procedural technicalities, particularly when a litigant is penalized because of an error of a lawyer which in no way goes to the merits of the case or causes prejudice to the other side, as expressed in my opinions in Rosier v. Garron, Inc., W. Va., 199 S.E.2d 50 (1973); Roe v. M & R Pipeliners, Inc., W. Va., 202 S.E.2d 816 (1973); and Dawson v. Canteen Corp., _W. Va. _, 212 S.E.2d 82 (1975). Law should not be a game of “Mother may I!”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9567733. Public record. Not legal advice.