Legal Opinion · Dissent

Calhoun County Bank v. Ellison

West Virginia Supreme Court

Decided June 14, 1949No. 10048Published

1DissentLovins, Judge

As an abstract statement of law, I agree with point 6 of the syllabus herein. However, I can not agree with the reasoning in the opinion of the Court that the law stated in point 6 of the syllabus is applicable to the facts presented by the record in this case. In other words, I think that Edna Lockard was qualified to testify as to her transactions with William M. Ellison. In that respect this opinion is written.

At common law a person interested in the outcome of an action, suit or proceeding was under a disability to testify as a witness therein. But such disability, with certain…

2Cases cited10 opinions

  1. Tavenner v. BarrettWest Virginia Supreme Court · 1883
  2. Seabright v. SeabrightWest Virginia Supreme Court · 1886
  3. Crothers' Adm'r v. CrothersWest Virginia Supreme Court · 1895
  4. Gilmer's Adm'r v. Baker's Adm'rWest Virginia Supreme Court · 1884
  5. Anderson v. State of ArizonaArizona Supreme Court · 1939

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API