Legal Opinion · Dissent

First National Bank at Williamson v. King

West Virginia Supreme Court

Decided May 31, 1939No. 8753Published

1DissentKenna, Judge

I regret to say it is my belief that the majority opinion in this case is renewing the procedural complications that were caused primarily by the discussion and holding concerning the right of complainants to amend a bill in the case of Rees v. Coal Mining Co., 88 W. Va. 4, 10, 106 S. E. 247, 249.

The right to amend conferred by Code, 56-4-24, relates both to law actions and chancery causes and contains the following language: “ * * * the court * * * may permit any pleading to be amended * * * eliminating from a multifarious bill all but one of the equitable causes of action alleged, or…

2Cases cited4 opinions

  1. Floyd v. DuffyWest Virginia Supreme Court · 1910
  2. Rees v. Emmons Coal Mining Co.West Virginia Supreme Court · 1921
  3. Gray v. GrayWest Virginia Supreme Court · 1938
  4. DeMoss v. McGeeWest Virginia Supreme Court · 1909

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